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Should I let 13 month old child stay overnight?

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UpAllNight83

Active Member
So far there are no visitation rights in place....why rush kicking a sleeping dog?

IF and when the point comes up you might be smarter to seek supervised visitations or such limitations as your then counsel thinks the court will grant based on Dads issues and the best interests of the child. .....system favors Dad to have or be allowed some involvement
Yes of course. I have never denied visitation even without anything in place so I agree with the court in that respect. I just wasn't sure if I should have something in place before he gets out of jail. If a visitation schedule was in place and I went to drop our son off/he came to get him and I knew he was drunk would I be able to say the visit couldn't occur? Him being dangerously drunk around the child is my major concern.
 


PayrollHRGuy

Senior Member
If you ever see him driving a vehicle drunk you should immediately call the police and certainly not turn your child over to be driven by someone impaired.
 

LdiJ

Senior Member
Yes of course. I have never denied visitation even without anything in place so I agree with the court in that respect. I just wasn't sure if I should have something in place before he gets out of jail. If a visitation schedule was in place and I went to drop our son off/he came to get him and I knew he was drunk would I be able to say the visit couldn't occur? Him being dangerously drunk around the child is my major concern.
You are in far greater control if there are no visitation orders in place. You need to stop, sit back and let him initiate any court proceedings once he gets out of jail.

You also need to be smart and force him to establish paternity and child support as well as visitation orders before you give him unsupervised access to the child.
 

UpAllNight83

Active Member
If you ever see him driving a vehicle drunk you should immediately call the police and certainly not turn your child over to be driven by someone impaired.
He doesn't have a driver's license so I wouldn't let him drive our child anywhere even if he were sober as could be. If he had a licensed driver with him and he were drunk I still wouldn't allow him to go anywhere. Since I wouldn't have any way to prove it at the time I'm wondering if I'd be held in contempt for not allowing a court ordered visit to occur, wouldn't it just be my word against his at that point?
 

LdiJ

Senior Member
He doesn't have a driver's license so I wouldn't let him drive our child anywhere even if he were sober as could be. If he had a licensed driver with him and he were drunk I still wouldn't allow him to go anywhere. Since I wouldn't have any way to prove it at the time I'm wondering if I'd be held in contempt for not allowing a court ordered visit to occur, wouldn't it just be my word against his at that point?
If there were court orders in place, yes, it would be problematic for you to deny a visitation. That doesn't mean that you would automatically be held in contempt, and it doesn't mean that you shouldn't refuse to allow him to take the child if he shows up without a licensed driver or shows up drunk, it just mean that it would be problematic.
 

laurakaye

Active Member
Yes, his father ordered the paternity test. My son and I gave our samples in June and no contact has been made between the child support office and dad to date. I called the child support office because he told me he was going to contact them (a lie) and they explained that they were still working to provide him due process before they could make a default judgement against him.

I had to file for support because my son and I are receiving state benefits.
Michigan law has specific provisions regarding refusal to take a paternity test: (emphasis added)

(1) In a proceeding under this act before trial, the court, upon application made by or on behalf of either party, or on its own motion, shall order that the mother, child, and alleged father submit to blood or tissue typing determinations that may include, but are not limited to, determinations of red cell antigens, red cell isoenzymes, human leukocyte antigens, serum proteins, or DNA identification profiling, to determine whether the alleged father is likely to be, or is not, the father of the child. If the court orders a blood or tissue typing or DNA identification profiling to be conducted and a party refuses to submit to the typing or DNA identification profiling, in addition to any other remedies available, the court may do either of the following:

(a) Enter a default judgment at the request of the appropriate party.

(b) If a trial is held, allow the disclosure of the fact of the refusal unless good cause is shown for not disclosing the fact of refusal.

reference: The (Michigan) Paternity Act
http://www.legislature.mi.gov/(S(bsjkgglujo1wtwh3f5wlipwh))/mileg.aspx?page=GetObject&objectname=mcl-722-716
 

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