Legal Question in Family Law in North Carolina
Unwed Underage parents
My 16 yr old daughter has a baby from a 15 yr old boy. They are no longer together. He is helping her support the child with $20.00 a week.He wants to keep the baby overnight. He lives with his mother and her boyfreind who are into drugs and drinking. The mother leaves her two sons age 13 and 15 alone on weekends. I don't want the baby to stay overnight in that type of enviroment. My daughter is also breastfeeding and I don't think the baby would do well without her overnight. Do we have a legal right to object. My husband and myself are the sole supporters of my daughter and the baby.
1 Answer from Attorneys
Re: Unwed Underage parents
If the father has not been to court to get visitation, it is up to the parent who has physical custody of the child to determine what visits will be allowed. A judge PROBABLY would not order a child to have overnight visits with a father when the child is young enough to be breastfeeding. Even though the father and his parents may drink, they would probably get visitation rights, but they might have to get breathalizer tests to make sure they are sober when the baby is there. You and your daughter should get custody established, however, because if there is no custody order and the father would not return the child after a visit, it would be hard to get him returned to your daughter. When you had a hearing for custody, you could bring up your concerns about visitation (if he asks for it).
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