Legal Question in Family Law in Virginia

Visitaional question

My son's father and I have never been married. Court order is that I have physical custody and my son's father and I have joint legal custody. The father has smoked pot in the past few months and does drink often. At night when he is asleep he is unable to hear the baby. He is unable to feed the baby unless from a bottle and only knows how to change a diaper. He wants to have my almost nine month old baby spend the night with him. But unless I supply everything for him he has nothing. No court order is in effect for visitation. The father has seen the baby atleast 3 times a week with me being there. Do I have to leave our son their unsupervised? Can he have our son overnight?


Asked on 4/30/08, 9:00 am

2 Answers from Attorneys

Re: Visitaional question

You have no obligation to deliver the child into a dangerous environment, particularly absent a visitation order from the court.

I would recommend that you first write to him and identify your concerns, advise him what minimal (though reasonable) items he must have in place before you are comfortable permitting the child to visit, request that he voluntarily participate in a substance abuse program, etc.

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Answered on 5/02/08, 2:20 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Visitaional question

No, absent a court order requiring otherwise(such as joint physical custody or an order of visitation permiting the father to have the child overnight at his quarters), it would appear that you are no legal obligaion to comply with his current request.

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Answered on 4/30/08, 11:35 am


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