My girlfriend had a baby with a kid (He was 17 at time of birth), and shortly after they split up. She allows him to take the baby for visitation as long as he provides minor provisions (diapers and wipes). He has been failing to do so and threatening to take her to court for full custody. They have never gone to court, she hasn't sought any support and when she did consult an attorney she claimed a proactive approach with mutual restraining orders and mediation and paternity tests. All of which that would cost in the ball park of three thousand dollars. She refused out of pity for him and realization on the cost and how she couldn't afford anything suggested. Can she refuse to allow him to take the baby and if he does go to court, what can we expect? Thanks for your time
If the child is still less than 3 years of age, then there will most likely be a provision for limited visitation until the child reaches the age of three. Once the child reaches the age of three, the standar possession order would become operative, unless she and the father agreed to custom possession provisions.
She should expect to ask the court for retroactive child support which would be payable in addition to the current monthly child support and medical support.
While she would not be in violation of a court order by refusing to allow the child to see the father, there is the separate consideration of it perhaps being in the best interest of the child to have some contact with her/his father.
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