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I am New to SFV
Posted
I live in FL and have a 9 month old. For 6 months the father and I tried to work out visitation and it wasnt happening. He was always late and no call and no show. Now he went and filed for visitation overnights included and has a lawyer. From my research I see that FL is all for father's rights and shared responsibilities and standard visitation includes overnights.
So how do I stop him from getting overnights till the child is at least 3. I see other states do it.
 
Posts: 1 | Location: Miami, FL | Registered: 15 March 2008Reply With QuoteEdit or Delete MessageReport This Post
Board Blazen Parent
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First off... why do you want to stop him from having overnights? Is he dangerous? Domestic violence? Drugs? Irresponsibility isnt gonna cut it with a judge when it comes to parenting time.

Second, becareful... you could be seen as trying to alienate your child from the other parent. That will put you in danger of many things... possibly even loss of custody.





"Surely what a man does when he is taken off his guard is the best evidence for what sort of man he is..." - C.S. Lewis


 
Posts: 406 | Location: Tampa, Florida | Registered: 03 March 2008Reply With QuoteEdit or Delete MessageReport This Post
SFV JUNKIE!!!
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I agree with what Knight said. Judges dont look kindly upon parents who just say that they dont want the other parent to have overnights without good reason. It would damage the Judge's view of you and more than likely damage your case.

If you see that other states have this overnight rule. . . that is the other state. Laws that are made for each state, especially in family law, do not cross over state lines. Unless its a federal law, each state's laws are specifically for those states only. And a Judge will tell you that.

There are a lot of NCP that are late, dont call and sometimes never show on visitation days. I'm sure the father got an attorney to protect his rights. If he is not a drug addict or violent or anything like that, then there's really no reason why a Judge would not let him have overnights.

Welcome
 
Posts: 5348 | Location: Not Where You Are | Registered: 26 January 2005Reply With QuoteEdit or Delete MessageReport This Post
"Who me......?"
At A loss for Words - NOT!
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I would be very careful if you are denying him visitation. There has been some cases where the father gained full custody and the other parent started paying child support because of it.

It's obvious he's making the effort to see his child and build a relationship. What kind of harm would it do to your child?

If you have a record of visitation he forfieted, I suppose you can bring it to the judge's attention, however, I doubt it would do very much since the NCP wants a relationship now.


 
Posts: 2330 | Location: US | Registered: 11 May 2007Reply With QuoteEdit or Delete MessageReport This Post
Board Member
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If it makes you feel any better, I tend to go against the grain on this issue. I had the same problem when my daughter was very young. I think that children that young should not have to spend the night anywhere else while they are so young and helpless. The whole family structure is different now and if the line of communication is not so well between you two, how is this good for a child??? I sympathize with you on a moral and emotional level. Although the eyes of the law has a different opinion (a stupid fantasy version in my opinion) I beg to differ. I guess as the other posters have pointed out that judges believe that the other parent is really trying and you can be seen as difficult for looking out for the well being of the child. This is where the CHILD'S RIGHTS come in. What kind of life is that for a child to be bounced back and forth because a deadbeat that shows back up without his motive being questioned (only assumed that he wants to be dad of the year now)and that is the best reason to just let your kid just go spend the night with no questions asked?????????!!!!!!!!! Many adults would not want to spend the night away from home back and forth and we expect children to do so and make sense of it???? How sad. These judges are trying to make this picture perfect blended family thing work and the reality is that they cannot make people grow up, get along, put feelings aside, make kids love their fathers/mothers, tell one parent to abide by rules because they have custody of the kids and let the non-custodial parent look like an ideal parent for wanting to see their children, and they need to realize that single parenthood is NOT the main source of the world's problems LOL!

I don't think this is the best approach for assuming what's best for the child. Its what the dad wants. Courts need to spend more time emphaszing more personal responsibility. It's like telling these guys and gals "it's ok that you were gone out of the kid's life and let the mother/father do everything and since you are ready to come back, come on and have full rights like nothing ever happened." Isn't that more damaging? What is the child was older and he disappeared and come back a lot? Is that still in "the best interest of the child?" Maybe they should make the other parent see the child every visit no matter what. And furthermore, I think these judges don't care and get a thrill off of the power they have and have a distorded view of real life.

I am so heated about this issue and so called, "Family Court." They are actually tearing people apart and causing conflict and strife between people making them intereact with one another. My advice to you is to find out as much as you can and do not feel defeated because of things that you hear and know that not everyone agrees with these laws. I don't see that harm in asking the judge can the visits maybe start in the home and gradually increase until the baby is at least familiar with him. A judge cannot penalize you for that. Just don't be rude or hostile. Act as if you are solely concerned about your child's welfare (which I'm sure you are). I did that and it worked for me but all judges are different. Don't let the fact that he has a lawyer intimidate you. Find a pro bono one or hire one yourself. Try not to let things get ugly because there is a child involved. You just keep being the good mom you are and good will come. Good luck Hug Me
 
Posts: 44 | Location: Chicago, IL | Registered: 11 June 2008Reply With QuoteEdit or Delete MessageReport This Post
Parent on Board
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I live in Texas where we have that 3 year old mark. My Ex wanted overnights before my kids were 3 and was willing to go to court to ask for it for my 9 month old. However, he knew he would get creamed by a judge so last minute he decided just to sign the paperwork the way it was. But I was not too concerned with it (first of all because of Texas law), my daughter was nursing, in fact she still is (she is just over 1 year old). If your child is nursing, I do not believe the judge can let the child go to overnight visits. Also if you are afraid your Ex will not pay enough attention to your child you should voice that concern as well.
 
Posts: 103 | Location: Tx | Registered: 13 June 2008Reply With QuoteEdit or Delete MessageReport This Post
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