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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am a single mother who is trying to work on custody agreements

Customer Question

I am a single mother who is trying to work on custody agreements with the father. I am trying to understand what all the rights of the father encompass, as we were never married or dating and what exactly his visitations right include.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Hello and thank you for your question. As you have asked a reasonably broad question, do you mind letting me know exactly what you wish to know as it comes to visitation, or would a general overview be sufficient?


Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
Current situation is that we had a child off of a one night stand. We are trying to work out an agreement but cannont agree on the terms. The father is wanting to have her five months out of the year but she is not even 5 months old and I feel as an infant that will be disruptive and unhealthy for her to be moved around so much through out the year. I want to work on visitation such as every other weekend and playdates during the week. So I am trying to get a better understanding of what his rights for visitation are. Can he take her for five months of the year and is it unreasonable for the every other weekend visitation schedule. Or is there more his is legally allowed?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your specific question.

Legally, if both of you are biological parents, you currently have joint custody and you are both entitled to equal time. Courts used to favor mothers for custody, but now they no longer do so and tend to look at what is in the best interest of the child. Facially, his demand for 5 months out of the year is fair and legitimate, as is yours (although with yours the child spends a vaster majority of time with you). However, if he is somehow unfit--that is, he has a history of abuse, neglect, domestic violence, criminal history, criminal record, he is on probation, moral turpitude, drug use, alcohol abuse, and other matters that may make the court feel that he is not fit, then you can lawfully demand sole custody with either supervised or unsupervised visitation. Supervised visitation means that a court appointed individual makes sure that nothing occurs that is inappropriate, and unsupervised visitation has no such limit. In either case the other parent has the right to take the child away for those hours and spend them with the child as he or she sees fit.

Please let me know if I have answered your question up to your satisfaction. If not, I look forward to your follow-ups.


Dimitry Alexander Kaplun, Esq.

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