If the father of my baby insists to stay with him overnight and I refused because he is not used to it, can I deny visitation request? 1 Answers as of February 09, 2017

We never get married. Declaration of paternity has been signed. Child custody case is in the process of being opened. The father of my 9 month old did not visit or try to visit our son in a solid month. The following month, he asked 4 times (all of which I agreed to his requests) but only followed through 1 time. Before these last 2 months he was involved sporadically for 1-2 hours a week, but often less than that. Since moving in with his new girlfriend, he has decided he wants to start the visits I filed with the court (every other weekend plus 1 week day and no overnights). I agreed. After his first day visit with him he was convinced our 9 month old is ready for an overnight visit. I disagreed and stated how he needed to visit him more frequently during the day to better prepare our son for an overnight visit. I expressed that I am worried about the emotional and psychological effects of a sudden overnight will have on our son since he's never been away from me and his father is just now interested in being involved. He had 1 more day visit the following day. Now he is demanding 2 nights and 2 days in 2 weeks and saying he will take it regardless of what I say or think. He is not interested in preparing our son for an overnight by visiting more frequently. At this point I'm afraid of allowing any visit for fear of him just keeping him for the 2 nights and 2 days like he stated. He has also brought to my attention that he can just keep our son while he was with him the last visit, but that he won't because I will freak out and never let him see him again. I took that as a form of intimidation.

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Law Offices of Arlene D. Kock
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If you have not done so already, you should try and accelerate getting into court to deal with the custody and visitation issues. Please meet with an experienced family law attorney to assist you.
Answer Applies to: California
Replied: 2/9/2017
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