We have no custody agreement right now, my son is four and his dad has seen him three times. He lives in NY, I live in PA. If I filed for custody, would he be able to get over nights with my son if my son barely knows him? He never calls or checks up on him, never asks about him. The only time we ever really talk is when he tells me what's going on with him not paying child support.
Someone told me he could get him weekends or something.
I pray to God I never have to give my child to him for a weekend or over night at all.
He just got out of rehab and to be honest I know he could care less about custody or visitation but his parents really push the issue and I could picture them talking him into doing something like that.
It really depends on what the judge feels and the laws in your state or where the case is being handled.
I had a friend whose childs father was'nt paying child support like he should have and she didnt want him to have overnight visits because of the kind of person he was but they granted him overnight visits even though she was totally against it. She was right he shouldnt have had unsupervised visits at all let alone overnight. Now he currently has a CPS case against him for abusing one of his other children and she is currently filing for sole custody and trying to get him to sign over his rights.
You would have to have proof as to why you don't want him to have overnight visits documented to take to court. I would also recommend a lawyer if you really want things to go your way simply because they have a way of getting judges to sway their way. If you have to go at it alone don't let your emotions get involved and state facts and have the evidence to back it up.