How can I prove visitation is not in my child's best interest due to father's offender status and troubling behavior?

Question

My 3-month-old child's father is a registered s*x offender (level 2) with a moderate risk of reoffending due to a 4th-degree assault. He has only visited twice, including at the hospital when our baby was born, and has never provided financial support. As a result, I had to seek assistance from DHS and request child support. At the upcoming child support hearing, they intend to establish visitation rights. I am concerned that visitation is not in my child's best interest based on several troubling behaviors: - He loudly demanded to hold our newborn without washing his hands and aggressively yelled while I was holding the baby. - During his only visit to my home, he openly discussed his liking for meth, which raises concerns about his compliance with probation and drug testing. - He uses Snapchat for communication, despite restrictions against social media apps due to his offender status; this may indicate a probation violation. - He has a history of drug use, including marijuana, and failed a drug test during our brief relationship. Given these concerns, how can I demonstrate to the court that forced visitation would not benefit my child and could potentially be harmful?

James L. Arrasmith · Answer

To prove that visitation is not in your child's best interest, you should focus on gathering specific evidence of his behavior and how it impacts your child. The court will prioritize the well-being and safety of your child, so it's essential to document any concerning actions during the visits, such as his aggression, failure to follow hygiene protocols, and inappropriate discussions. Keep records of these incidents and any communication you have with him, especially regarding his drug use, probation issues, and use of social media apps that may violate his restrictions. 
 
You may want to bring up the fact that he has never provided financial support, which could suggest a lack of commitment to his parental responsibilities. The court may also consider his history as a registered offender, his behavior during visits, and whether he is complying with probation terms. If you can present a clear pattern of behavior that puts your child’s safety or emotional well-being at risk, the court will likely take it into account. 
 
In addition, you may want to request that the court order a full evaluation of the father’s suitability for visitation, including drug testing or a mental health assessment if necessary. This will help ensure that your child’s best interests are protected and that any visitation is carefully monitored and regulated. Presenting a well-documented case and focusing on the child's safety will be key in advocating for a decision that is in your child's best interest.

Q: How can I prove visitation is not in my child's best interest due to father's offender status and troubling behavior?