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    georgiaxx's Avatar
    georgiaxx Posts: 1, Reputation: 1
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    #1

    Apr 22, 2011, 04:54 AM
    Is it against the law to stop the baby's father having her over night?
    The father to my baby has nowhere to live, he hops from sofa to sofa, he is currntally living with his mother who smokes weed in the house and lives about an hour and half away from me. He also smokes weed and has crimnal record. He thinks that he can come and take her when ever he wants and I have offered him two days a week for two hours a time and he has finally agreed. My lawer has saod not to leaver her alone with him, but I know he is going to try and get her over night and I feel that she will be in danger if I leave her with him. Is it against the law to not let him have her over night?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 22, 2011, 05:16 AM

    Is there a court ordered custody and visitation agreement,

    Remember in court if he files for visits you are going to have to prove he is currently using drugs and prove his mom uses drugs and there are drugs in the house, and just you saying there is will not be accepted as proof.

    His prior criminal history will not really mean a lot unless it is a violent crime or something that shows he would endanger a child.

    If there is no custody order and no visitation order you can do what ever you want,

    But unless you have more proof or evidence on what you said, he will get at a very min every other weekend ( the entire weekend) and most likely one night during the week.

    I will assume your attorney feels he can not afford to sue you in court for visits so merely saying no will not effect things.

    While not illegal, you can not force him to visit inside your home and with you present, so if he goes though court, that will not happen, but you should consider allowing him to visit at a neutral location perhaps with some other friend or family there.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 22, 2011, 07:27 AM

    Were he and his mother smoking weed, did he have a criminal record when you were involved with him?

    FrChuck is right. If there is no Order then you control the situation. If there is an Order you must obey it or face Court action.

    Go to Court (either way) and PROVE he is a danger to the child. Request no visitation or supervised visitation.

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