Legal Question in Family Law in California
Overnight Visitation
My daugter is 7 months old and her father is trying to get full weekend visitation, although he doesn' know the first thing about taking care of a baby, he's never been alone with her. I was told that in some states they won't grant overnight visitation if the child is under 18 months of age. Is this true in my state? (california)
1 Answer from Attorneys
Re: Overnight Visitation
The court will do what it considers to be in the best interest of the child.
If the father has never been alone with the child, it is likely that the court will order a 'phased-in' visitation plan whereby the father will have increasing amounts of time with the child.
It is public policy that both parents should be fully participating in the child's life. There is no magic formula and no automatic determination of whether overnights should be allowed. The court will view each case on its merits. You should be prepared, for the child's sake, to have the father fully participate - provided of course, that the father does not pose any threats to the child's safety - and you did not indicate that he did.
Regards,
Damian Nolan
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