My brother is a father to a 4 month old daughter and is a natural with her. He has been picking her up and dropping baby back to her mother after a 6 hr visit every 2nd Saturday. He has requested having baby over night (Sat to Sun) every 2nd weekend and the mother will not agree to it.
Reasons he would like visitation over night
1. More time with baby
2. Easier to establish a workable routine with baby
3. He is driving quite far to pick her up and drop her off as the mother doesn't have a vehicle. Overnight visitation would make for less driving around in one day.
Also worth noting is he has me, his sister, who is a 36 year old mother 7 minute drive from his home for any support. Also, baby is bottle fed not breast fed.

If he took this to court what is the likely-hood of him getting overnight visitation every 2nd weekend?

Thank you.

I think he stands a good chance. I also think, if he hasn't established legal custody and visitation, then he NEEDS to do so ASAP. Until he does, he's at the mercy of the mother's whims. If the current arrangement IS court ordered, it actually may be tougher, since courts don't like to modify arrangements so quickly. Since the little girl is only 4 months, they may want to wait longer before making a change. But it doesn't hurt to try.

I am not a lawyer, nor a professional in this area.
I have been through this, in 1970, with a divorce, and 2 small boys. I had a lawyer, paid child support, and had a Divorce Agreement with Visitation Rights.
In his case, I would get a lawyer, and see that everything is done OK. Does he pay child support now?
My lawyer said, at that time, that paying child support is "paying" for the right to have visitation with children. I, too, think he has a very good chance of getting regular visitation rights with his daughter. It would be up to the court if this happens now, or have to wait a little longer for her to be a little older than 4 months. Good luck.

Quote:

---

Originally Posted by fredg

I am not a lawyer, nor a professional in this area.
I have been through this, in 1970, with a divorce, and 2 small boys. I had a lawyer, paid child support, and had a Divorce Agreement with Visitation Rights.
In his case, I would get a lawyer, and see that everything is done OK. Does he pay child support now?
My lawyer said, at that time, that paying child support is "paying" for the right to have visitation with children. I, too, think he has a very good chance of getting regular visitation rights with his daughter. It would be up to the court if this happens now, or have to wait a little longer for her to be a little older than 4 months. Good luck.

---

So you think that going through this over 40 years ago qualifies you to give advice to this OP? Not only doesn't it, but the advice you have given is erroneous. In almost every jurisdiction in the US, Visitation and Child Support are separate issues. I've seen plenty of cases where visitation was awarded and enforced even though child support was not awarded or enforced. The two are separate matters. And if your attorney is an example of what the OP's brother would get he's definitely better off without one.

To salderson:

While getting an attorney does give him a better chance, I'm not sure he needs one now. Again without knowing what court orders are in place or where you are located its harder to give an accurate answer, but unless the mother does have an attorney, I'm not definite your brother needs one. Family Courts are generally less formal and more user friendly. So an attorney is not an absolute necessity. Before I advise to get an attorney I would like to know more about what has been done in court to this point and where the court is. Unlike fred (who has a less than stellar reputation for his answers here), I prefer to make sure my advice is high quality based on the facts.

"FredG - I am not a lawyer, nor a professional in this area.
I have been through this, in 1970, with a divorce, and 2 small boys. I had a lawyer, paid child support, and had a Divorce Agreement with Visitation Rights.
In his case, I would get a lawyer, and see that everything is done OK. Does he pay child support now?
My lawyer said, at that time, that paying child support is "paying" for the right to have visitation with children. I, too, think he has a very good chance of getting regular visitation rights with his daughter. It would be up to the court if this happens now, or have to wait a little longer for her to be a little older than 4 months. Good luck."

Your answer proves you're neither an Attorney nor a professional. Laws change. I have worked in the legal system - I am not aware that child support basically (according to you) purchases time with your own child.

You are wrong, and your advice is useless and possibly harmful.

Scott is correct.