Legal Question in Family Law in Oklahoma
Baby in divorce/ Dad wants visits/ she doesn't know him
My daughter is 3 1/2 months old. I have been seperated from my husband for 2 weeks and we are going to get a divorce. He has been mentally abusive to me, and while pregnant was physically abusive on 2 occasions. I didn't call the police. My daughter doesn't know my husband because he hasn't done anything with her for her to get to know him. In the two weeks he hasn't asked to see her once even though I told him all he has to do is call. She is breast fed, and I am worried about her having to go on formula due to the divorce. One one occasion I asked him if he wanted to see her and he said no. He has 3 children from a previous marriage and he won't get up unless someone makes him until 11am or later. The children 3 and older were having to fend for themselves until i got there in the morning. If i thought we were going to divorce I wouldn't have married him or had a child with him. She will be neglected in the mornings with him, and she eats 4 to 5 times before he gets up for the day. What can I do to protect my daughter from a father who has stated verbally ''I hate Cassidy'' (Cassidy being our daughter)
1 Answer from Attorneys
Re: Baby in divorce/ Dad wants visits/ she doesn't know him
The paramount consideration in a child custody proceeding is the best interest of the child standard. Accordingly, the court will make a determination of which parent should be awarded custody and whether or not visitation and what type of visitation should be awarded to the non custodial parent based upon what is in the best interest of the child. It sounds to me like your not going to have much of a problem, in that, the father has not expressed any interest in having custody or visitation with the child. I would suggest that if you are contemplating a divorce, that you keep a journal of all the things that are occurring like the instances you listed in your question. For example, that he has not seen the child for several months, that he doesn't express any interest in seeing her, that he has stated he hates her. Unless you can show that the father is unfit, he will be awarded some visitation. Whether it is standard visitation, supervised, or limited visitation will depend upon the facts as they affect the best interest of your daughter. Good luck!
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