Fort White, FL asked in Family Law and Child Custody for Florida

Q: How can I keep full rights to my son?

The biological father of my son (not on the birth certificate) is threatening to take me to court for visitation and over night visitation. My son is only a month old and the father only now wants to be a part of his life now that he is born. I do not feel comfortable with my son going anywhwere without me. The father has had previous domestic violence charges against him but they were all dropped.

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1 Lawyer Answer
Gregory P. Farrar
Gregory P. Farrar
  • Divorce Lawyer
  • Pensacola, FL

A: Parents have constitutionally protected rights regarding their relationship with their children. Unless there is some legitimate reason to restrict the father's contact it is likely the father will be entitled to and should receive visitation including overnight visitation. However, when the child is very young and/or a newborn and during the time you are nurturing and breast-feeding the child-- if that is the case-- that would be one potential reason to limit the contact to ensure the child was receiving adequate care. If the father has issues such as domestic violence and/or drug or alcohol problems or is incapable of providing for the basic needs of the child such as shelter and food this would be additional reasons to restrict his contact.

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