Child Support

Except in extreme cases involving domestic violence or child abuse, judges almost always grant visitation to the noncustodial parent. Unless you have concerns for the health or safety of the child during visitation, we urge you to consider allowing reasonable visitation if the father asks for it. The reason for this is that the Court will consider which parent is more likely to allow the other parent visitation with the child in the future if it decides custody. One way to prove that you would allow visitation with the father in the future is to allow visitation now, even if a court has not ordered visitation and you are not yet required to allow it. This does not mean you have to go looking for the father. It means that if he is interested in visiting with the child, you should consider setting up a meaningful visitation schedule, which is reasonable and can document any concerns you may have about your child’s health and safety if visitation is allowed. That way the father will not be able to prove that you would deny him visitation in the future. If paternity has not been established, many mothers feel that they have the right to deny visitation. That is true; however, under the new law, the courts may decide that the lack of paternity is not a good enough reason to deny visitation, especially if no one really disagrees about whom the father is. If visitation is unreasonably refused, it may be held against you. Of course you must take in consideration the age of the child and the ability of the Father and his physical living conditions prior to allowing overnight or extended visitation.