overnight visitation

[kidoday]

You were wrong in 73? Are you sure?

I still can't find anything on the dang statute. It's almost as bad as when MG gave us homework one night regarding how much our state gets for collecting CS.

 

[juke]

Describe for me, O Great One of All Knowledge, what is "ignorant" about thinking and posting that a woman who wants to control her husband's time with their child is a weasel? Do tell, in great detail, exactly what is right and moral about her attitude.
I'll be waiting and, no doubt, thrilled at your awesome display.

 

[hexeliebe]

you're funny.

Tell it to Jerry Springer!

 

[Dana13]

Juke - obviously, YOU still have issues. You need to RELAX. You have no idea what my situation is or the relationship me and my husband have at this present time- so how dare you judge me.
Conversation over.

 

[Whyte Noise]

The only reference to age that I could personally find in the MI statutes was this one Kido...

"722.27a Parenting time

(6) The court may consider the following factors when determining the frequency, duration, and type of parenting time to be granted:

(a) The existence of any special circumstances or needs of the child.

(b) Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing."

And for the original poster, here's a link to the MA statute. Just copy and paste into your browser, leaving off the tags at the ends.

There is nothing in the MA statute that says age has anything to do with custody determination or visitation.

Edit: Uhm... whoops. I guess it does help if I actually post the link for the thing, doesn't it?

http://www.state.ma.us/legis/laws/mgl/208-31.htm

 

[Dana13]

Hexeliebe -

I just spoke with a divorce attorney here in Massachusetts and she states that when I file for complaint for support order, the judge usually does not give overnight visitation to the spouse who the child does not reside with full time. Mainly because the child is so young. In my case, where he has already taken him for overnight visits, it might be hard to take that away, unless I prove it is not in my sons' best interest for my husband to take him overnight. The lawyer also stated that I could probably have the overnight visits cancelled once I file, but only up until our divorce is final - which will take about 3 months. Then, there will be a reassesment of the situtation and go from there and more than likely he will get him overnights.

I'm not the witch everyone thinks I am. I would love my husband to take him overnight. I want him to be able to wake up with his son smiling at him. Just like I do now. He didn't think this divorce through and its not what he thought it was going to be. He is very unhappy and depressed right now and he is isn't thinking clearly about the needs of his son. This concerns me and I don't want my son to be neglected by him. Not of purpose, of course.

Have a great evening, everyone.

 

[kidoday]

MO

Thanks for looking that up. That is the only statute that I could find since Hex wanted statutes only.

I could find tons of things on actual parenting time schedules relating to age in different FOC parenting time formats.

I certainly couldn't find anything more than what you found regarding MA law, apparently because there is nothing written regarding age.

Dana I don't necessarily agree with your decision, but then it isn't mine and I am not judging. I do wish you luck with your divorce.

 

[stealth2]

Dana - is that 10:30 night the only reason you want to kill the overnights? 'Cause in all honesty? It's not that huge a deal. It;s more important for father and child to bond than to have babe in bed at 8. I know you want to do everything right with yout first, but a late night every other weekend isn't really going to hurt the little one.

Juke... How about you zip it for a while?

 

[hexeliebe]

Everyone.

Just to clarify, I would be happy to find a statute that limits the time when a NCP (male or female) could take a less than one year-old child overnight.

As we've seen, there is no such specific statute. Only guidelines and judges' inclinations.

My point in asking for the statute was not to be smart or to prove any point other than when children are involved, "I heard" doesn't count for much. It's only the piece of paper in your hand with a judge's signature.

And with children, making sure of everything is most important.

 

[kidoday]

I get what you are saying regarding the statute.

I wish MI would get their system unified regarding parenting time. Why should the county or Judge have jurisdiction over the parenting time format? Like I said earlier, my county is liberal, while the county over isn't. Counties over by Detroit have parenting times that reflect age.

 

[jez51]

Juke
Why are you being so mean and judgemental? I've noticed you doing this to several people on here.
Lighten up!

 

[tigger22472]

This link is to Indiana's visitation guidelines from any case AFTER 3-01
http://www.in.gov/judiciary/rules/parenting/index.html#IIA

It doesn't say it's set in stone but if parents can't agree they are told to follow these guidelines and that's where they can get screwed.

 

[OnlyOneVoice]

There's not really much legally, but due to the intense bonding that must occur between a mother and an infant, most judges wills side with the mother regarding no overnight visitation until a certain age. Especially if as you say the baby is still very young and dad hasn't been around always. You'll stand a better chance if you are still nursing exclusively and the baby is not on solid food or using a bottle.

Young infants need great amounts of stability in order to adapt to the world around them and it's not unheard of for a judge to mandate a certain age for overnight visitation.

For example in my Brother-in-laws case (divorced when the baby was less than a year) overnight visitation was denied until the child was 5 years old, partially because my BIL lived in another state. However when he came to visit his mother, they still wouldn't allow the baby to stay over night until he was 5 even though the grandmother only lived about 15 minutes from mom and the baby knew the grandmother extremely well.

It's not guaranteed, but it does happen on occasion.

 

[Dana13]

Thanks for all your input everyone.

Momma Tiger - 10:30pm isn't the only reason why I would like to cancel the overnight visitation. That is just one reason. My husband has started drinking. A few weeks ago, rather than dropping my son off at my house, he had me come pick him up. Now, he called me at 4:30pm and told me he had a few drinks, was tired, hadn't eaten all day and didn't feel comfortable enough to drive him home at 8:00. I got there to pick him up at 8:00, stayed for a few and at 9:30 he made himself another drink and he was scheduled to work at midnight. Granted, he admitted he was unable to drive him home, but I am still concerned about my son's safety. I am just speculating, but he probably out to dinner that night and then stayed and had a few drinks because he said he didn't drive home. This is not being a responsible father. I know he loves him, but when it comes to him having fun, he comes first. He is very selfish. He will only do things if it is convenient for him. He will say he will do one thing and then within a few hours call and say no because his plans changed. I have given in too many times to accommodate him and this other friend of his. I have been too nice and he is walking all over me. I need to put my foot down and take a stand for once. Am I being unreasonable here????? Thanks.

 

[stealth2]

You're going to have a hard time using that as a reason to stop overnight visitation, Dana. Drinking is not illegal. He had the sense enough not to drive after having a few drinks. You do not have, at this point, any proof that he has placed the child in danger. That he "might" isn't a strong enough reason in the eyes of the court (that pesky innocent until proven guilty issue).