Visitation rights

Take all the info you have to court. Although they probably won’t take all visitation away, they may mandate supervised visitation, so the child will never be with the dad alone.

If the father has been abusive in the presence of the child or abusive towards the child, you can file for a protective order on behalf of the child and ask that he be ordered to stay away from her. Until there is a custody order in place he can take the child away at any time, but you can go to court now and pursue an order so that cannot happen.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Had a baby out of wedlock and been in abusive relationship for 3 years. Finally left recently. Taking child’s dad to court for child support then custody. What rights does he have for visitation since domestic vilence was involved. I’m afraid he will take off with my baby and I will never see her again. He’s tried it before. I have all types of proof of abuse (text messages, voicemails) he also got charged for assaulting me.

Kelly Watson