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Please help me. I am so upset. My baby's father filed for…

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Please help me. I am...
Please help me. I am so upset. My baby's father filed for paternity and I cannot bear the thought of her having to go with him. He smokes pot, drinks heavily, his mother smokes cigarettes. He has a DUI on his record and another dui but it got knocked down to a "physical control" My baby is only 6 months old. She is breastfed. I work the weekends because of my school schedule. Friday, Saturday and Sunday. He wants to watch her while I'm at work is what he says. I've been allowing him to come 2 hours a day 3-4 times a week. He doesn't have a full time job, he is very unreliable. I just don't know what to do. I am taking the papers to my attorney tomorrow. Does anyone have a clue what kind of visitation he will get with her being so little. We are in Ohio
Submitted: 8 months ago.Category: Family Law
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9/14/2017
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,498
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good evening. I certainly understand the situation and your concern. A Judge is always going to act in the best interest of the child. If he engages in and does the things you shared above, it could have an impact on the visitation. it could result in the visitation being supervised at this point, until he tests clean and there are not drugs in his system. Moreover, if you are breastfeeding, the baby does need to be with you, unless you are comfortable pumping and giving him a bottle to use with the breast milk. I know it is not ideal and I think the time you allow him is reasonable, so you need to work with him and find out what he is looking for. While establishing paternity gives him a basis to proceed and get visitation, this may be something that can be worked out.

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Customer reply replied 8 months ago
He does nothing he doesn't help do anything or care for her. I'm really not interested in what he wants. We are past the point of "working it out" apparently, hence the court papers that were served to me today. How long do you think this whole thing will take?
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
It could take a few months to resolve. First, paternity must be established and then he would need to ask for visitation and before the judge ruled this could go to mediation so it may be a few months
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Family Lawyer: Michael Bradley,
 replied 8 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified
I believe that this is a question that you and I are going over in the past a few times. If he has made a request for paternity, then there will be a court date set where you both will have the opportunity to argue whether or not genetic testing will be granted. I would certainly assume that paternity testing will be granted. At that point it'll take approximately four to six weeks before the testing comes back. Everything at that point will be on hold and depend on what the genetic testing results are. Since all he has done at this point is file for paternity nothing else is pending, namely custody. He would have to file for custody adapt point. If you file for custody a court date would not be set for approximately 30 days or so. As I told you in the past, you can argue the things that we've already talked about with regards ***** ***** drug use, the fact that he resides in a house of Smoker's Etc
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Customer reply replied 8 months ago
Ok thank you. I'm just really worried because I don't want her to have to go over there alone. When custody stuff does begin, so you think it would be good to ask for 3x a week for 2 hours a day at my house given that he smokes, his mom smokes, he's never cared for an infant, and I'm breast feeding? Also what do you think the chances are that the court would do a hair follicle test?
Family Lawyer: Michael Bradley,
 replied 8 months ago

breast feeding is important factor

I do think that they are going to tier anything in order to allow a time that the parties learn about each other

you would need to detail your belief as to why you believe he is drug user and ask for drug testing

with pot usage it is a long time for it to leave the system

a few hours a week at a time for the child to get used to him would not be surprising

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Customer reply replied 8 months ago
Will they do a hair follicle? He has bragged before about passing a pee test
Family Lawyer: Michael Bradley,
 replied 8 months ago
You can make the request along with the reason why you want a folicule test
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Customer reply replied 8 months ago
One more thing. His mother is awful. She smokes cigarettes and will around the child. Is there any way I can keep my child from her
Family Lawyer: Michael Bradley,
 replied 8 months ago
You can argue it. That would be a judge's decision.
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Customer reply replied 8 months ago
One more question. I have an appointment with my lawyer on September 26 so I'm sure I'll get some peace of mind then but for now I am just worried. Before he filed this he was usually visiting with her 3 times a week for 2 hours a day. That is only when he didn't show up drunk, high or starting an argument. So his visits were spotty. Do I allow him visitation now or do I just wait for the court to work everything out
Family Lawyer: Michael Bradley,
 replied 8 months ago

if he is clean let the visits continue on your terms

court would not like to see you stop contact with him and the baby now that something has been filed

just keep it on your terms

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Customer reply replied 8 months ago
How would I know if he was clean or not? And can I file for a continuance when I do go to court since I am in nursing school until December?
Family Lawyer: Michael Bradley,
 replied 8 months ago

you will not but since you know that he has in the past then you can make the request

you can always ask for a continuance it would be up to the court to decide

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Customer reply replied 8 months ago
I know I can request a drug test in court but before we go to court I don't know if he is clean or not so why would I continue the visits? And would they likely grant me the continuance? I am in nursing school and can only miss one day I will be finished in December
Family Lawyer: Michael Bradley,
 replied 8 months ago

the continuance is up to the court

I would at least put in for it and see what they do

if you are already letting him see her then I would continue them

a judge will not look highly at you stopping visits before the court date

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Customer reply replied 8 months ago
honestly how much time do you think he's going to get? Ball park figure
Family Lawyer: Michael Bradley,
 replied 8 months ago
Hard to give you an exact amount. Based on age and nursing, I see it a few hours weekly to start then an increase over time. That is presuming he shows and continues to show interest. All he has asked at this point is paternity so he knows for sure the child is his.
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Customer reply replied 8 months ago
He knows it is. Like a few hours taking her or him coming to my house?
Family Lawyer: Michael Bradley,
 replied 8 months ago
I understand that the child is his but he is exercising his right to have a test. I agree, a few hours with her at your house would be reasonable in my opinion
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Family Lawyer: Michael Bradley,
 replied 8 months ago
Please rate in my advice. While I do not do this for the ratings, my compensation is tied into the rating system. Thank you.
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Customer reply replied 8 months ago
One more question. If we agree on a schedule until the child is 18 months or until she is 3. Will he have to take me to court again to change it
Family Lawyer: Michael Bradley,
 replied 8 months ago
If he wants
You both can agree as well at that point
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Family Lawyer: Michael Bradley,
 replied 8 months ago

Can I still help?

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Family Lawyer: Michael Bradley,
 replied 8 months ago

please rate my advice.

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