Will My HUsband Be Awarded Custody and Visitation Rights?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My husband has recently filed papers to get visitation of his 20-month-old daughter. My husband lives in Vermont and the child’s mother lives in Maine. He has never been part of her life, but has tried for the past three to four months to agree with the mother to some type of visitation. The mother will not agree to his terms and is now bringing the matter to court.The mother wants nothing but supervised visits and my husband doesn’t. He prefers a biweekly visitation schedule. Would the court allow something like this and would he have to go to Maine a few times first to meet the child?

Because the child is a resident of Maine, you will have to go there to litigate any custody and visitation disputes that may arise. Most family law courts want to foster the relationship between children and parents and do what is in the best interest of the child when awarding custody. The court may require both parents to attend mediation until they can reach a reasonable agreement, or the court may set visitation on its own accord. You should consult with a local attorney for more information on how to proceed.