over night access

Clare - posted on 09/17/2013 ( 2 moms have responded )

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my ex is currently out of work and sleeping at a relatives which is over crowed and not the best environment for our daughter so i don't let him have her overnight but said he can have her during the week for the day but he only wants her on a Sunday. he has asked if he moved to shared accommodation can he have our daughter overnight and I've had said no because we won't no the people who he will live with. he is now threatening to take me to court because of this. my question is my ex aloud to have our daughter in a shared house over night.
thanks

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Clare - posted on 09/17/2013

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thank u. i don't have a problem with him having her over night just not in a shared house. i have been told that about he doesn't have to bring her back so i will get that sorted thank u for your advise

[deleted account]

Technically, yes, he is allowed to take her overnight because he is her biological father--he has all of the same rights you do at this point. That said, if you refuse to let her go with him, he would have to take you to court to make you give her to him. Also, if you give her to him, he doesn't have to give her back unless you take him to court, so be careful.
If you do not want him to take her overnight, you need to go to court and have court ordered visitation put in place. That said, unless you can prove to the judge that his environment is unsafe for her, the judge will probably give her father some overnight visitation is he asks for it.

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