my child is 3 years old and is reluctant to go with father because he is very attached to me. Father is asking for overnight visits but I want to ease into it very slowly. Does the courts consider the fact that the child is very attached to mother when determining visitation plan?
I don't practice in CA and law varies by state, but in most cases, the court will do what is in the best interest of the child. In Texas, we draft step-up agreements in these situations. Visits will begin in a supervised manner for a few months. If these are completed successfully and no issues arise, visits can transition into unsupervised, no overnights. After a period of time, these will transition into overnight visits if the child is not exhibiting any significant issues. The fact that your child is so young is also a consideration for the court and may translate into a longer transition period to overnights. Be sure to present a log to the court detailing your specific reasons for objecting to overnight visits. Best of luck.
Answers to questions are for general purposes only and do not establish an attorney-client relationship. Each client and case are unique and answers provided on this site are general guidelines which may not apply to your specific situation.
Yes. An expert may be needed to assess the fact and reason for your child's reluctance. This may be very normal but Dad may need to work on bonding.
The court will take all matters into consideration and will make a ruling based on the best interests of the child.
Sometimes a third party evaluation can be granted, (known as a 730 evaluation), whereby a court certified evaluator does an investigation and reports to the court. This is not free, but carries great weight because it is the opinion of a neutral trained evaluator. As in most issues in family court, one or both parties are not going to be happy with the outcome.
Please retain an attorney who can explain the process and your options.
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