Visitation rights of the father with a newborn


#1

Dear Admin,
I deal with the courts and the law, and to my knowledge there is no set time to wait for visitation to be set up. I know this is not what you want to hear, but your best option is to get an attorney to draw up custody and visitation papers. Under North Carolina law the father of the child has the same rights as the mother, i.e. a law enforcement officer could not make him give up the child no more than you; however I dought any judge would alow overnight visitation of a new born, but would after short period of time.If you can get an attorney to help mediate with the father, and you both can come to an agreement this would probably be best. If a judge has to make the judgement it might not be what you want.Good luck with this and keep an open mind, remember this is not just about you and him it also involves a child you both made.


#2

There is no set age. It depends on the best interests of the child. If the child is breast feeding generally visits are short and frequent. Overnights are usually delayed until the child tolerates separation fairly well.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

I am a single 24 y/o mother. I have a 7 y/o and have another child due in September. I went through the whole custody thing with my 7 y/o, which I had with my high school b/f and my lawyer ripped me along with many others off. What I am wondering is after this child is born, is there a set period of time, by law, that the father has to wait to take the child for visitation. The thoughts of my baby being taking as an infant overnight from me is more than I can handle. The father and I were engaged at one point, but were never married if that makes a difference. I also plan on breastfeeding. He is also not the father of my 7 y/o. Any info you can help me with I would greatly appreciate.