First off there is no custody order as of yet. I'm in the proecess of filing. My ex wants to have our 9 month old for overnight visitation and I don't feel like it's safe due to his new girlfriend who is accused of child abuse of her own children. Her children were taken away from her by children services. I have agreed to allow my ex to see our child supervised until the court allows overnight visitation. He refuses to see our child unless it's overnight visitation. Will not allowing him to see our child overnight cause I am scared my child is going to be abused make me look bad to the court.
Once you get into court there are 16 factors that the court must consider when fashioning a custody order - one of which is the criminal history of the parties and/or household members. To the extent that your claim pertaining to the new girlfriend is accurate, that is, she has been convicted of child abuse or the allegation of child abuse was substantiated by the Office of Children and Youth, your concern regarding your own child appears reasonable. I would suggest consulting with any attorney as soon as possible to learn your rights and obligations under the existing custody law.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline