Can I keep my daughter from going to her dads house if they have bed bugs?
My daughter came home from her dad's house with bug bites on her neck and left leg. I took her to the doctors and he confirmed that it was bed bug bites. I want to know if I can keep her from going over there until they get rid of the bugs. I don't want my daughter to get bitten again and I don't want my daughter to bring them home.
You will need to either get the father's agreement to have his parenting time elsewhere or hire a lawyer to file a motion to restrict location of parenting time. Technically you can't prevent your child spending the night at her father's if it is part of a court order but you have a reasonable basis for discussing this with him and trying to reach a resolution. Dad needs to get rid of the bed bugs - for himself as well as for your daughter.
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Asker
We have no custody arrangements. He just gets her when ever he has time. He tries to get her every weekend until I found out he was getting her and then dropping her off to his parents house and then leaving. My money situation is tight so I cannot afford a lawyer. I want her to be able to see her father but everytime she goes over to his house there is a problem. I'm in the process of getting child support. I just filed about two weeks ago. We have never been to court over our daughter.
if there are no court orders giving him any visits, then legally he is not entitled to any and you may let her not visit.
To add to what gary said - If you are going through the state, it will be a long time before you start seeing any money but the state will not address parenting time. Don't let her go to dad's house unless he can show proof he has cleaned up his home. In fact, you are under no obligation to allow visits at all.
Asker
Okay. Thank you both very much! You guys have been extremely helpful.q
Best wishes to you. Glad this was helpful.
Asker
One last question. Does the father signing the birth certificate affect this?
The father would not have been able to sign the birth certificate if he had not also signed the VAP. If he did, he is legally the father and has rights as well as responsibilities but he must assert those right.
Asker
So I can still be able to keep my daughter safe from the bed bugs but he may take me to court for it.
legally, probably not unless there is a court order.
first, call the father see if he agrees with your plan. make arrangements for visits elsewhere. if he agrees, get it in writing.
if he refuses, get into court before the next visit. do a motion to restrict visits to not his house. most likely you need a lawyer to do this correctly.
Asker
Would a text message be consent or so I have to have it in writing?
Evan Scott Seckular
Family Law Attorney in Brooklyn, NYA text message is considered a writing, though you would be best served by having him execute a document before a notary. Be sure to print a record of the text in case he alleges a violation.