My son is 10 months old and we had paternity established. My sons father has never met him or had any sort of contact with him. Out of the blue he wants to take my son for an entire week alone. I don't want him to take my son out of my care until I know he is capable of caring for him and until my son is comfortable with him. If I have full placement with Joint Custody can I legally make him have supervised visitation at my house without being held in Contempt of Court?
Divorce / Separation Lawyer
Unless the paternity judgment (or other postjudment order, if any) states that the father's placement is to be supervised, then you could be found in contempt for only permitting the father to have supervised placement. Contempt Actions are fact specific, and even when their is a technical violation of a court order, the court may not necessary find a party in contempt if the action/violation was appropriate or justified under the circumstances. Chances are that the placement order grants the father "periods of physical placement upon reasonable times and upon reasonable notice". If the father has had no involvement, but all of a sudden wants 1 full week (including overnights), you may be right to think this is "not reasonable time". If you deny his request, the father could petition the court for enforcement/contempt. You will then be given the opportunity to say that the father's request was not "reasonable". While the court may agree with you that the week long placement is not reasonable, you have a much weaker arugment when it comes to adding the additional condition that the father's visitation be supervised. Hope this helps.
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