Birmingham, AL asked in Family Law and Child Custody for Alabama

Q: 4wk old's father lives w/parents & sis who threatened mother on social med. Does child have to visit father at home

A police report was filed but no warrant issued yet. Fearful they will keep the child

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
Answered
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: If there is no Order in place giving the father visitation rights then he has no such rights and you need not let him visit with the child at his place of residence or otherwise. You can set the terms and locations of any visitation. I assume that your are not married to the father. Either of you can file a petition with the court to establish paternity (no signing paper work at the hospital and listing someone as the father on the birth certificate does not establish paternity if just creates a presumption), child custody, child support and visitation. The standard schedule for children under 12 years of age followed by most Judges in Jefferson County would allow only for a small window of visitation with a child that young in your home and would not provide for visitation by the father outside of the home let alone in someplace where family members have been hostile or threatening to the mother. Depending on the threat made by the family members you may also wish to seek a Protection from Abuse Order with the court to keep them away from you and your child.

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