I want my kid to stay at mine for a couple nights after Christmas

Submitted by RichardLucas on Wed, 11/28/2018 - 13:43
I'll try and keep it simple. .

I have a 13 month old baby boy and have recently split up with his mum. I have no problem with her and believe she will always do what's best for him. I've been providing her with money from when he was born and have provided 80% of his clothes and toys.

She lives 135 miles away from me (I used to work away a lot)

I drive down there almost every weekend

I've asked if I could have him for 4 nights 135 miles away from his mum for 3 days after Christmas day. She said no he's way too young and because her mum has come down to stay over the whole of Christmas so she can't leave her mum to come with the baby either. But after her mum leaves in January she will come down.

I did eventually drop down to one night but she said he's still too young, wait until he's 2 but I don't think he is.

My son has woke up seeing me with his mother in the morning every weekend. Mostly at her house, yet sometimes at mine. So it's not unformilier surroundings and I hardly ever get alone time with my son, she's always around unless she has to do some shopping.

The question is.

Do I have the right as a father to have him over night even if it's 135 miles away for a couple nights? Or do I have to wait until he's at least 2 years old?
Thank you

Hi Richard, You don't have to wait till 2 years old. There used to be "tender years doctrine" but no longer, in most states and counties. Check yours. It is required by law for parents to be "cooperative". So record this denial and other reasonable ones then bring up at a hearing. Regards