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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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I have sole custody of my two year old son. The custody papers

Resolved Question:

I have sole custody of my two year old son. The custody papers state visitation as parties agree. I am not nor was I ever married to his father. His father has had substance abuse issues for the past 3 years and has spent time in institutions and jail. He is in jail now. I also have a petition for child support in place which my son's father has not been paying. He should be getting out of jail soon and he's going to be calling me to see the baby. Do I have to offer him times to visit with the baby or does he have to take me to court. My son's father does not have a car, I don't think he's capable nor do I want him to have the baby alone. If I have to let him see the baby I would only want supervised visits. How do I go about doing that? Does he have to take me to court. My son has Down syndrome and is on a rigorous time sensitive schedule. He goes to preschool and daycare 5 days a week and he has therapies at home 3 to 4 times a week. My son is doing very well on this schedule. I work full time and own my own home. I support my son, without any help at all from his father.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.

WebLaw :

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WebLaw :

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WebLaw :

It appears from your post that visitation is that your discretion. You have sole custody and the father is only granted visitation as you agree. Therefore if you do not think that the father is capable of caring for your child alone, you may restrict visitation to visitation under your supervision or deny visitation. If the father disagrees with your decision, his remedy is to file for modification.

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