I live in Florida and I have a 6 month old baby. I am preparing to file for child support for the father. He hasn't even met my son but I have a feeling once I do this I know he will want to have visitation or partial custoudy, we live about 2 hours apart. The last thing I want to do is deny my son from knowing his father or vice versa. My concern is how will visitiation be handled with a child who is only 6 months, will his father be able to have him for days at a time, how does that work? I am also asking this question for a friend who's situation is similar, the only big difference is that she is breast feeding, and can barely pump any milk, how would visititation work in her case?
How Will Visitation Be Established?
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05-14-2007, 04:35 PMygreene84How Will Visitation Be Established?
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05-14-2007, 06:38 PMXenaRe: How Will Visitation Be Established?You can read the statutes regarding visitation at www.flsenate.gov/STATUTES in chapter 61.Quote:
Quoting ygreene84
Just in case the father does wish to be a part of HIS son's life, please accept a little bit of friendly non legal advice- begin now to refer to your son as "our" son, instead of saying "he hasn't even met MY son", it will make things alot easier for all of you, mostly your son as he grows older.
Yes, your friend's child's father will be allowed visits even though she's breast feeding. -
05-14-2007, 08:02 PMygreene84Re: How Will Visitation Be Established?
As far as my friend, visits are fine she's concerned about him being able to take her daughter, for the weekend or days at a time,until she stops breast feeding.
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05-14-2007, 08:55 PMygreene84Re: How Will Visitation Be Established?
I forgot to mention, my other concern is that I am currently unemployed and my son and I live with my parents, He is well taken care of and has everything he needs and more. I am trying to get into school to get my teacher certification so that I can start my teaching career. If I am unemployed when a custody hearing takes place, will the judge possibly grant full custody to his father.
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05-15-2007, 04:21 AMwoody1Re: How Will Visitation Be Established?
Regarding your friend, I don't see a judge awarding consecutive days of visitation (with overnight stays) to the father when the baby is still breastfeeding. From my discussions with lawyers, judges take into careful consideration the age of the child, and it's important for babies to be with their mothers.
I could see two days a week visitation for a few hours, something like that, but certainly no overnight stays while the child is this young.
Regarding your situation, I'm in a very similar one myself, although my daughter is now a toddler. I take it you're not married to your child's father. Neither am I. Have you established paternity? Is your child's father's name on the birth certificate? That might be already taken care of or another step in the process for you.
I was also unemployed for the first 5 months of my daughter's life, and also lived with my parents. But you do have a job, raising your son. Be happy you can be home with him now! It's wonderful not to have to rush back to work after six weeks, like so many women do. I know how tough it can be, but enjoy your beautiful boy and get your certification (teaching is a great career for a single parent!). -
05-15-2007, 07:06 AMygreene84Re: How Will Visitation Be Established?
Well, I haven't had a DNA test, he didn't want to take one, but I know beyond the shadow of a doubt that he is the father, I haven't been with anyone else. His name is not on the birth certificate and my baby has my last name. Thanks for the advice.
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05-15-2007, 02:34 PMXenaRe: How Will Visitation Be Established?That is incorrect in Florida. The statutes state that the court must order shared parenting WITHOUT regard of the child's age. Florida is a state who's statutes were written with the belief that children of every age need to be with BOTH parents as equally as possible. Also, the appellate courts have long held that breast feeding is NOT a reason to limit a father's visitation or parenting time.Quote:
Quoting woody1
It is true that it is imortant for babies to be with their mothers, however, it is equally important that babies be with their fathers. -
05-16-2007, 11:15 AMspringbabyRe: How Will Visitation Be Established?
Does that mean that the judge will grant overnight visits for an infant? I am in a similar situation. My sons father is from florida but temporarily staying in Wash, DC. I live in MD with the baby. Our son is 7 weeks old. The father is working a $60/week internship and going to school full time plus he gets some disability. He has not had a full time job for 2 years. His residence is funded by the internship so he has no permanent place of residence either. His focus is school so he has not offer d any help with the baby. I dont think he will contest custody, but with the baby so young and me breastfeeding, will they order overnight visits? Can you send any statutes for MD, since that is where I filed.
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05-16-2007, 03:17 PMXenaRe: How Will Visitation Be Established?Your situation is very different from the OP's because you and father live in different states.Quote:
Quoting springbaby
You should be able to find the MD statutes by going to www.govengine.com
or www.lawguru.com or by doing a Google search for Maryland visitation laws. -
05-16-2007, 03:46 PMaaronRe: How Will Visitation Be Established?
Maryland statutes aren't hard to find - here's the state legislature's website.