What does the AL law say about visitation of the father of an infant child under the age of 1 year?
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What does the AL law say about visitation of the father of an infant child under the age of 1 year?
I doubt if the law specifically addresses the issue. Most laws are more general and just advise judges to consider the best interests of the child.
I would imagine, if the mother is breastfeeding, that the judge would be more restrictive about the amount of time and where visitation would occur. The visitation could then be expanded as the child ages and is no longer dependent on the mother.
Quote:
Originally Posted by linda pope
Here is the whole law - note that the last part pertains to a child under the age of one:
How does visitation get set?
Trial courts have broad latitude in providing for visitation rights. Whether courts provide for a specific schedule or something as general as the right to visit the children and have them visit the noncustodial parent at reasonable times and places commensurate with the children’s health, education, and welfare is within the court’s discretion. Courts have discretion to provide for visitation rights, even if both parents had previously agreed to no visitation.
Courts realize that sometimes children simply parrot the wishes of a custodial parent, and they realize that sometimes the child is simply too immature to form a considered opinion. Sometimes children express fears or unwillingness to visit their other parent without any reasonable basis or foundation, and in these cases, the trial court is within its discretion to order visitation even over the child’s objections. Where one parent interferes with the orderly visitation schedule, the court may by statute require that parent to post a performance bond to guarantee compliance with the court’s orders.
There are more restrictive arrangements that govern children younger than age one:
On the first and third Sunday of each month, at the place where (the child) lives. The periods of visitation shall be limited to three (3) hours in duration.
On Christmas Day, at the place where (the child) lives, for three (3) hours in duration in the afternoon.
The Husband shall notify the Wife of the hours of the intended visit not less than one week before the day of said visitation.
Any other reasonable times and places upon which the parties can agree.
Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the child(ren) reside(s) or visit(s).
Does the circumstances and duration of visitation of child under age 1 year influenced by the fact that the mother and father were never married?
Quote:
Originally Posted by linda pope
Linda, it's less confusing if you stick to the same thread instead of starting a new one. Anyone picking up here has no idea what you are talking about.
And, no, the law does not differentiate between married and unmarried parents. It only refers to the mother and father.
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