Legal Question in Family Law in Arkansas

Do my 1-year son have to stay overnight w/ father?

How old does the child have to be before overnight visitation would be awarded. I am currently going through mediation services, to discuss and set up visitation with the court. I am not comfortable with overnight visitation. The father has expressed some very harsh words, and is only requesting overnight visitation because he is upset with me. What legal recourse do I have to not allow my child to spend overnight until he turns three-years of age? The father may still have visitation, just not overnight.


Asked on 3/26/99, 4:56 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Do my 1-year son have to stay overnight w/ father?

Most states create equal rights between parents in regards to custody. The gender of

a

parent is considered irrelevant. Some states may still follow the tender years doctrine

that

says that children of young age should be with their mother. However, this doctrine

does not

prohibit overnight visitation for children of young years. In the absence of conduct that

is

harmful to the child, most states will consider overnight visitation for the non-custodial

parent

from birth.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 4/11/99, 10:02 am
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Overnight visitation for 1-year-old w/ father

First of all, the best interests of the child are mandatory.

Second, I'm going to yell not only at you but at all of you parents who expect attorneys to give you advice when you tell us almost nothing about yourselves.

Think about it. How can anyone tell you what to do. I don't know whether you are 15, a teenage runaway from a state where early marriage is allowed, or a 35-year-old who had a child before her biological timeclock ran out?

Are you unemployed, on welfare, a college student, a computer programmer, a obstetrician on maternity leave?

Is your husband in school. employed, out on parole, a sometime bank robber, a druguser, a law student, or a computer programmer who works at home and would like the company of a baby rather than a Golden retriever?

Answers would or could or should be totally different.

It may be that you may want to reconsider some of your preconceived ideas. He may be just as perfect as you are for caring for your infant. He may be harsh because you drive him crazy.

Try to think this through. The child is going to want to love and be loved by both parents. Do as much as possible to help that come true for your child. Your child needs his/her/its father as much as he/she/it needs you!

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane


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Answered on 4/06/99, 10:29 pm


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