I got married and conceived my child with the inmate while he was incarcerated. I filed for sole legal & physical custody at which time the father requested visitation. My Son is currently 7 months old and breastfeed (doesn’t use bottle). The father committed manslaughter and will be incarcerated for the next 12 years. He has also been abusive to me physically while I was pregnant, but I never reported it and had threatened to kill me. Is it likely that he can get court ordered visitation with my baby? Will his temper be considered?
The court would consider what's in your child's best interests. Generally speaking, the court considers it to be in a child's best interests to have some kind of relationship with both parents; however, the safety and emotional well-being of the child are always the most important considerations. If you don't have an attorney you should probably get one to help you, if you have low income, the court may appoint an attorney for you. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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