Q: Non custodial father seeking overnight weekends...
Non custodial father of 3 yr old, hasn’t seen child in 2 years (never created a connection with the child as a baby) all of a sudden seeking legitimation to get over night weekends. Father lives in crime neighborhood, an hour away from the mother, and has even spoke of selling drugs himself from time to time to make extra cash. Although the father is up to date on child support (court order, not voluntarily) custodial mother is concerned for child safety. Can she deny over night stays? Can judge force over night visits?
A: Whether a judge will grant the legitimation and visitation request will depend on whether the judge finds that it will be in the child's best interest. If the mother has serious concerns about the child's safety, she should hire an attorney to fight the legitimation action if the father has not shown any interest in having a relationship with the minor child in the past.
A:
The judge has discretion to award legitimation and parenting time. What the parenting time looks like depends on the circumstances of the case. Most cases with a child only 3 years old will be granted some parenting rights.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
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