Father is requesting to have placement visits with his daughter. Mother is saying that he can only have visits with his daughter in her home while she is present. Mother is also requiring that father's girlfriend come to her home for visits with them. The daughter is 4 months old. Mother has allowed father to see daughter 2 times for a total of 6 hours during this entire time. She initially told child support that the baby was someone else's. Father had to keep calling child support asking for a paternity action to be filed. Finally a paternity action was filed and he was established as the father. The baby currently has the last name of the mother's ex-boyfriend, who is sterile. The mother has done almost anything she can to try and keep the father out of his daughter's life. He is simply trying to be a dad. This mother also has other children, 3 of which have been removed from her custody and she has 3 hours of supervised visitation by social services a week. Please clarify if the above question allows for the father to see his daughter outside of the mother's home.
He needs to file a motion soon than later and ask for a set placement schedule as this certainly doesn't seem reasonable
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Unless there is a restriction in the court order that placement can only occur at the mother’s home, “reasonable times/reasonable notice” would allow him to have placement away from the mother and would ordinarily include overnights. He should consider filing a motion to enforce physical placement if she continues to interfere.
The term "reasonable times upon reasonable notice is quite vague. The question is what is reasonable. A motion needs to be filed to set a fixed schedule.
Reasonable times means that both parents have to agree on the time for placement. It essentially gives one parent a veto, which may be unhealthy. The parent who wishes to see the child could file a motion to modify custody and placement in order to set specific visitation time.
This submission is not, nor is it intended as, legal advice. You should consult a lawyer to address your legal issue.
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