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kelz141 · Jun 10, 2010, 10:57 PM

I live in the North Ga area and me and my husband are separated. He has not made any attempt to see our child in 4 months I also found out he is seeing someone that is not a very nice person and has had her daughter taken form her by DFCS... this really concerns me for my daughter so I was advised to only let him have visits w her in a public place for a few hrs and to not allow her to go over night with him. He is furious and has not seen or contacted me since I told him he could not take her over night. (not to mention she's only 18 months) I just wanted to know is the courts going to make her go over night with him right away or how will the court look at this situation? I have always stayed home with her and he has always worked... I'm afraid she will be put into shock being away from me for that long seeing as how he is not seeing her at all (she doesn't even respond to him as "daddy" when I show her pictures of him its almost as if she has forgotten who he is) my concern is my daughters well being!

GV70 · Jun 11, 2010, 09:34 AM

Originally Posted by kelz141

i just wanted to know is the courts gonna make her go over night with him right away or how will the court look at this situation?? i have always stayed home with her and he has always worked.... im afraid she will be put into shock being away from me for that long seeing as how he is not seeing her at all (she doesnt even respond to him as "daddy" when i show her pictures of him its almost as if she has forgotten who he is) my concern is my daughters well being!!

At 18 months of age I doubt about he can get overnight parental time.

ScottGem · Jun 11, 2010, 09:41 AM

We can't predict what a court will do. Especially without seeing the evidence that might influence a court's decision. However, you can't unilaterally impose restrictions on visitation. He is the child's parent and has equal rights. Unless there is a legal separation agreement that specifies custody, visitation and support, he has equal rights.

Fr_Chuck · Jun 11, 2010, 10:16 AM

Unless you can prove to the court that your ex or the new girlfriend is a serous danger, of course he will get over night visits. Normally here in GA they are allowed at just a few months if the father takes a parenting class, but I know here in Atlanta, it is common at 12 months for sure.

Also if there is already a court order giving him visit rights and over night, if you don't let him have his visits, you can be held in contempt. So you need to file to modify the order if there is one in place ASAP.

But confused, if he has not seen child in 4 months, how are you not letting him ? Is he trying to see child and you refusing ?