Heather

This is a discussion on Heather within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My husband and I have been separated for over a year, he provides no financial support of any kind, do I have to allow him visitation of our child?...

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    Heather

    My husband and I have been separated for over a year, he provides no financial support of any kind, do I have to allow him visitation of our child?


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    This depends on a number of factors so I need some answers to give you the best response:
    • What state are you located in, and what about your child's father? Where is his residence?
    • Do you have a legal separation document in place, or have you only verbally agreed to certain things? Or have you not agreed to much of anything at all and you're beginning to work through this is greater detail now?
    • If you do have a separation agreement, does it have any kind of provision regarding custody?
    To answer your question, I'll assume for just a brief moment that you do have a custody agreement as part of a separation agreement. This kind of thing would best be worked up together with your child's father. I would recommend getting a family lawyer to help, but it's not absolutely necessary. It would really help a lot for you to have a good family attorney in your local area because you would get legal advice regarding how to best plan for your child's future. You get to make your child's future bright! :-)
    So as to whether you may disallow him to see the child will depend on the type of custody arrangement that he currently has. By the sound of it, that he's not paying any kind of support will imply that he doesn't have custody at all.

    • In the Case that You have Sole Custody - You'll have the entire decision making abilities regarding your child as well as specifically the child's activities daily. Your child's father could get visitation rights according to this scenario, but it would be worked out quite specifically and generally it would include the father paying some sort of support to you.
    • Another Situation might be that you Have Joint Physical Custody Together - This stuation is such that your child's may live with both of you on and off and this would let your child live back and forth with you and with him, typically on different days of the week.
    • A third Option is that you might together have Joint Legal Custody - Under this scenario, the both of you can legally make choices regarding your child with regards to schooling, medical, religion and religious events, other things like sports, and on and on.
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