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My son has never married his girlfriend. Their baby is 2 months old and they are in Texas. She wants him to start paying child support which he has agreed to do (and insurance). She is telling him that he can't have her standard visitation until she turns three years old because she is breast feeding and she does not want him to have her overnight. Is this true and if so at what age does he get overnight visitation. They live in the same town. His name is on the birth certificate.
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Originally Posted by mdms
I am a little confused by your reference to "standard visitation" with the child until the child is three years old. What do you mean by "standard visitation?"
It is not unreasonable for your son NOT to be awarded visitation overnight as long as the child is breastfeeding. In fact, if you think about it it does make sense. I HAVE seen (and I'm in NY) Orders that the mother pump and provide her milk when the child is older and that the father have overnight visitation.
There is no standard age where the father gets overnight visitation.
Child support paid without a child support order issued by the Court could very well at some point in time be considered a gift to the mother and NOT child support and your son could owe from the time the mother files for support until the Order is granted as well as ongoing support (despite making these voluntary payments to her).
Your son should go to Court NOW, establish paternity, establish a support order AND request an order concerning visitation, including overnight (which probably will not be granted).
The longer he waits, particularly if the mother becomes involved with/marries someone else, without an Order the more difficult this will be to sort out when the time comes.
He needs a Court Order, not advice from an Attorney, certainly not advice from the mother.
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