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What state do you live in?
In Florida, the courts attempt to determine what is in the best interest of the child when making custody determinations, considering all relevant facts, including the age and health of the parents, who has been the child's primary caregiver in the past, the wishes of the child (depending on the child's age), who can provide the more stable and healthy home environment, where the child's friends and family live, etc.
If you can show based on the circumstances that visitations with the child's father are not in his best interest, the court will not award those visitations. Showing evidence that your child came back from visitations sick, covered in bed bug bites, etc., will help your case. You can also ask that visitations be supervised if they are awarded at all. This is usually done if there is a history of domestic violence or if the parent is incapable of caring or a child for whatever reason.
Best of luck to you.
Thank you for your answer and you will definetly be getting a payment, but i have one more things to ask. I do have photographs of the bug bites and a whitness to my sons sickness when he came home from his fathers. i do not however, have a job. My family lives 100 yards up the road from me and have been helping me and my son since his father left. Will this prevent me from astablishing monitored visitations only? Also, my son is only 11 months old. I have been the primary care giver for the past three months and then even when his father and i were together,he was not around enough to care for anyone, other than paying the bills. He has already filled out the paper work needed to get certain visitation rights and we will be going to court. Does his past matter in this situation? say for the fact that he abandoned one son, or the fact that he never wanted to care for his child until he actually moved out. If i can prove this and have witnesses will it help my case?
The fact that you don't have a job is not particularly relevant if you are still able to provide your son with all of his basic needs.
The father's past with your son is relevant. If he has not shown any interest in your son until this point, you can point that out. Witnesses (depending on what they will testify to) may help.
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