My sons father and I are no longer together. Mainly because he is/was a alchohalic who lives in a halfway house for the last 3 months. He gives me a $100 a week but this just recently started. He see's my sons and weekends here and there, but doesnt call during the week to check on him and calls when it is convient. I let him see his son when he is at his mothers house. He wants overnight visits, so he can ask the director of the halfway house for a overnight pass @ his mothers, I will not allow that, his mother is a huge enabler and he is only sober 3 months. He wants to take me to court cause he pays money but doesnt see him enough. I let him see him when he calls. He also has 3 DUIs and a felony, & possession of cocaine (all 4 yrs and more) What will the courts allow for him?
Until he establishes his paternity though the courts, he does not have any say in the time-sharing that is going on. Once he goes through the courts, he will be able to request a Parenting Plan that includes time for him with his son. However, given his background, he will have to prove to the court that it is in the child's best interests to spend more time with him.
The father will have to file for paternity. Once he is the established biological father, he is is the PARENTAGE phase--he is asking for benefits of his paternity...mainly, visitation.
The Courts are NOT incllined to deny visitation---but you describe an extreme circumstance. I see visitation with supervision, and as he rebuilds his life, his visitation time improves. If not, he will not have much success.
The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.
Unmarried fathers must file a paternity action in court to establish their parental rights. If your Che's father successfully controls his drug and alcohol issues, he should eventually be able to have a substantial relationship with the child.