If my daughter is 19 months old and her father sees her only about once a week for 1 hour, do I have to let him take my daughter overnight?

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If my daughter is 19 months old and her father sees her only about once a week for 1 hour, do I have to let him take my daughter overnight?

Today he told me that he is going to start picking her up and keeping her overnight every other weekend. There is no set visitation or custody agreement. I’m worried that he will take her and leave the country; he’s not in the country legally and his mom just bought a house in El Salvador where she’s moving in 9 months.

Asked on December 14, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If you are worred about him leaving with her---something called "risk of child abduction"--then you shouldn't let him have visitation at all.  Period.  None. 

If he wants visitation, he will have to file a family law case called a parentage action and seek a visitation/child custody order.  If he does, then you need to tell the judge about this risk of child abduction.

You should speak with a local family law attorney and seek help.

Best of luck.


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