can my husband get overnight custody of my 1 year old. He is a regular cannabis smoker and I dont want to give him overnight access.
HiHas he ever cared for the child overnight in the past?What contact does he have at the moment?Claire
hi, ive just moved out of our house and her cot was in our bedroom. I have always been the one that has looked after her overnight when she woke up during the night etc. So in answer to your question, no he has never cared for her (without me) overnight.
He see's her once a week at the moment. 10am-6pm.
HiThat and the Cannabis smoking makes it unlikely that he will get overnight contact in the immediate future until he shows that he is no longer using Cannabis and can also show that he is capable of caring for her.However realistically at some point in the future he is likely to get overnight contact I am afraid - Claire
25 years experience of all aspects of family law
hi, ive drafted a letter i'm going to send to him in response to a telephone conversation we had on the 9th July in which he categorically said he didnt want contact with our daughter until she was 18. I also have a witness who was with me who heard the whole conversation (it it ever goes to court).
If I send you a copy of the letter, could you please let me know what bits will/wont stand up in court? or offer me alternative wording?
I havent mentioned the cannabis use in the letter, as I thought I would leave that if/when he ever takes me to court? Or should I mention it now in the letter?
Ive also written the letter, so that in years to come, I have evidence to show my daughter what actually happened between us.
HiId he has said he does not wish to see the child then there is no need to write a letter at all - leave it be.I am afraid that even though this has been said in front of a witness it means nothing at all and will not effect any future contact application.Claire
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).