Absent a court order to the contrary, the father is entitled to the same rights as the mother. He is entitled to love and support the child, participate in the decisions for the child, visit and nurture the child, and share a meaningful relationship with the child. This is not only his right, but the right of the child as well.
If the mother believes the father to be a danger to the child, then she needs to seek the advice of a child custody attorney and file a petition for custody in court. The judge, after hearing the evidence, will make a decision on custody and visitation according to the best interest of the child.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
I understand the mothers position. Whereas the Court would decide on the visitation issues, you might consider visitation if the grandmother is present. There is alot to sort out in this case, and its best to consult with an experienced custody attorney.
The criminal charges by themselves may not be strong enough to prevent his visitation rights. The Court can determine what would be reasonable in this case, and the best interests of the child always prevail.
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