Duluth, GA asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina

Q: No custody order. Can I keep my daughters father from having unsupervised visitation with her?

I recently filed for child support because my daughters father has been absent for over 3 months. Before becoming absent he would go time and time again without seeing her because he had other plans. Wouldnt provide things she needs. Showed up drunk to watch her. Left her outside alone in the car at 6 months to go into a liquor store. He said he didnt want to be a father. Continuously verbally harrassed me.

The same day hes gotten word of child support hes demanding he have alone time with her.

Im allowing him to visit with her with myself present. I just know in my heart that he shouldnt be alone with her.

I dont want to look bad when this goes to court for custody. I only want to keep my baby safe.

I told him once he has some supervised visitation and proves he can be trusted I would let him have time with her. But this just seems to be out of spite. He just keeps demanding to have her alone and my gut is telling me NO. Thank you

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You don't get to dictate the terms of visitation, no matter how well intentioned you are. If you are going to refuse his requests for visitation or even impose restrictions, you had better have extreme good cause that you can prove to the court. Rolling up into court with what your 'gut is telling you' likely won't cut it and you are correct that it will very likely 'look bad' in court. That said, leaving her alone in a car and showing up drunk is likely good cause but you'd better be able to prove it. Of course, the type of man you are describing, likely would never invest the kind of time or money it would take to fight you for his daughter in court. Best of luck.

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