I have a 7 month old and am in a high-conflict situation with the father (never married). I am trying to determine a reasonable parenting plan for visitation. The father lives out of state and so far has visited once a month for 1-3 days, and therefore, does not have a strong bond with the baby yet. I can't find any laws on a set age for overnights, etc. So I would like to know what the courts in Atlanta (specifically Forsyth Co) typically considers as a reasonable visitation schedule for infants and at what age to begin overnights (it would take place at a hotel since he lives in MN). I offer him the use of my home but he does not like that because it is uncomfortable for him so he prefers the hotel. Also, at what age will she be expected to travel to MN for visitation?
Given that the child is an infant, most courts are going to grant a lot of leeway to the mother regarding when to start overnight visitation. Remember, if you were never married and he has not legitimized the child, you are the only parent with any custody or visitation rights right now, so visitation is completely up to you. However, every judge is different and every judge has different opinions on when to start overnight visitation (even between the judges in Fulton). As long as you aren't denying the father time to see the child you're doing what's best for your child at this extremely young age. Also keep in mind that the father has an obligation to provide child support and insurance for the child so be sure that he is doing that. If there isn't an order in place, I strongly encourage you to file a paternity and child support establishment case.
James Michael MoneyDivorce / Separation LawyerDouglasville, GA ·
Several times I have argued for clients on both sides of this issue and it always gets down to the facts of the particular people in the particular case. Issues relevant to a judge include but are not limited to the age of the father, any other children he has helped raise - if any, his involvement with the prenatal care, care of the baby prior to the parents separating, support he provided during pregnancy and since that time, his aptitude, his intellect, any issues he might have with drugs, alcohol, unemployment, instability, abusive personality, etc. Also, whether or not mom is being reasonable with trying to allow the father to nurture a familial bond, what she is doing, how she is responding to the logistical requirements to move the child back and forth, etc. The court might also consider his family and extended family and whether they are involved constructively or destructively in forming a bond with his side of the family and the same issues concerning your side of the family. Typically, I approach the resolution of the case with a phase-in parenting schedule that the father must meet like "so many day time hours on such and such a day every week or every other week" increased to more day time hours over a particular schedule of a few to several months" to 8 day time hours for an every other weekend saturday and sunday for a certain time period and then to overnight visitation. Sometimes my time table is approved by the court and sometimes the court cuts it down. In rare cases, the court will just order every other weekend overnight and otherwise standard visitation but again this is a rarity and always always always depends upon the facts. You really should get a lawyer and be proactive about getting a court involved so that you are more in control of shaping what the schedule would look like and also defining the father's support obligations, health insurance issues, etc.
Alake Oni ColwellDivorce / Separation LawyerLawrenceville, GA ·
You cannot find any laws on a set age for overnight visits because there are none. This is one of those things that is under the discretion of the Judge. Because your baby is so young, one of the factors the Judge will consider is whether or not you are still breast-feeding. That will effect overnight visits because you will need to either be available to breast-feed the baby or have stored milk for the baby. Also, the fact that the child is so young will also be considered when determining when to begin overnight visits.
As previously stated by the other attorney, if the child has not been legitimized the father has no custody or visitation at this time. Thus, if you are providing him with visitation whenever you can, albeit not overnight visits, the Court will likely see that you are not trying to impede a relationship between him and his child, but that you have not allowed overnights because of the age of the child. The fact that you have offered him your home to spend the night with your child shows that you are trying to facilitate a relationship between him and your baby, you just want to make sure that your baby does not experience separation anxiety being away from you because they are so young.
In reference to the baby going to MN, again it is up to the Judge. But it is likely a child her age will not be ordered to have out of state visits with the non-custodial parent and children are typically much older than your baby before they are required to go out of state so the non-custodial parent can exercise parenting time.
