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Overnight stay, father rents a room

Posted by on Sep. 30, 2013 at 9:12 AM
  • 14 Replies
My son will be four next this month. His father gives me $x amount every week and picks him up on Wednesdays from school and will come over and do Morning drop offs at school. He is terrible with time. He owns his own business so he works from 10am to 7pm (even later) Tuesday thru Saturday. He will go work at another barbershop on Mondays. So he is renting a room right now from a random guy he pulled out of Craigslist. Since we have had problems with him depositing the $ on Saturdays, he might will do it Tuesday the latest. I also have a hard time getting to see our son, he is a for show dad. Quick to get son and show him off but at home he will be on the phone and hardly pay attention to him. So my question is. If he is just renting a room, can he be granted overnight stay? I have an open door policy, he can come and see DS anytime as long as its not bedtime. He says he is going to put himself on child support, wouldn't this go hand in hand with visitations? Also, I know he doesn't claim all his income on his taxes since he gets paid in cash. Would we need lawyers for this? My main concern is overnight visitations. His dad is a heavy sleeper and if my son wakes up in the night he will tip toe around his dad and wander off, this concerns me when he is renting a room from a stranger.
by on Sep. 30, 2013 at 9:12 AM
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Replies (1-10):
melissanoel
by Member on Sep. 30, 2013 at 9:52 AM

I'm not sure what he would get if he went to court, but child support and visitation are two completely different things. My ex is required to pay me child support every month, but he has never taken me to court for visitation and he has zero rights where that is concerned. I let him see our daughter whenever he wants, which isn't very often, no overnights. I didn't have to get a lawyer for the child support, but with your ex getting paid in cash it may be different for you.

ngarciaf
by Member on Sep. 30, 2013 at 9:58 AM
Like I said I don't care for the child support. My concern would be the overnight stay. He can come and see him anytime. He is too irresponsible for overnights, especially at a strange mans home. I just can't prove it.
cmc638
by Member on Sep. 30, 2013 at 10:01 AM
Well you can prove he's living with a virtual stranger and has nowhere for your son to sleep and like a pp said visitation and child support are viewed as different issues
steviechick
by Gold Member on Sep. 30, 2013 at 10:07 AM

How can you not prove that your ex is living with a total stranger?  You already know he got this stranger's apt from Craiglist.  I would be apprehensive about my child staying with a stranger that was met on Craigslist.  You don't know the living arrangments and the condition of this home.  I would definately bring this up with your atty.

ngarciaf
by Member on Sep. 30, 2013 at 10:12 AM
I meant I can't prove he is irresponsible. All along he was supposed to get his own apartment or studio. I was fine with starting overnight stays. But in a strange man's home? That's where I'm concerned. I'm thinking on filing for scheduled visitation only because I know he will start saying he will keep him overnight.


Quoting steviechick:

How can you not prove that your ex is living with a total stranger?  You already know he got this stranger's apt from Craiglist.  I would be apprehensive about my child staying with a stranger that was met on Craigslist.  You don't know the living arrangments and the condition of this home.  I would definately bring this up with your atty.


ngarciaf
by Member on Sep. 30, 2013 at 11:30 AM
I thought if the child is of the same sex as the parent, they can share a bed with them until they are five?


Quoting cmc638:

Well you can prove he's living with a virtual stranger and has nowhere for your son to sleep and like a pp said visitation and child support are viewed as different issues

happymommy1105
by Gold Member on Sep. 30, 2013 at 1:04 PM

Child support and visitation are two seperate issues. 

However, he wants to see his son.  Depending on how old the child is- yes he will get visitation.  Renting a room is not grounds for no overnights.  

If you had a roommate would that be grounds for having custody taken away from you?  No.  Renting a room is the same concept- it's a roommate situation. 


easinpc
by Gold Member on Sep. 30, 2013 at 1:07 PM

 I agree with most of this.  Your best bet will be to talk to an attorney regarding your concerns and go from there.  Good luck!


Quoting happymommy1105:

Child support and visitation are two seperate issues. 

However, he wants to see his son.  Depending on how old the child is- yes he will get visitation.  Renting a room is not grounds for no overnights.  

If you had a roommate would that be grounds for having custody taken away from you?  No.  Renting a room is the same concept- it's a roommate situation. 



 

krisnkids
by Silver Member on Sep. 30, 2013 at 1:10 PM

Happy is right. Renting a room with a "total stranger" is not grounds for no overnights. Not to mention, he's been living in that person's house, they aren't strangers anymore. What might be best is mention how ds is getting up in the middle of the night and suggest putting door locks or child safety door things on the door so the child cannot just walk out into a strange house without dad's presence.

KRIZZ25
by Platinum Member on Sep. 30, 2013 at 1:11 PM
no..he will not say wth dad till he get a house .he need to take son a priority.at least 1 day week.if he can run his own cop ,do his own stuff he can do that for his child .dont make excuses for him .tell him man up.be a father.
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