Overnight visitation in Massachusetts

Can a Massachusetts court order overnight visitation to a parent out of wedlock for children under 3? I have a 2, almost 3 yr old and an 11 month old. Their father is trying to get overnight with them, can I fight this until they are older??

It is not illegal...but it would seem a bit odd unless all is very safe and secure and the court knows that.

What is happening?

Father's home is unsafe, very unclean, not childproof, kids come back reaking of some type of motor oil, their hair and clothing have the scent. Not even sure he has an appropriate sleeping arrangement, crib/bed, clean linens, if any at all. Just to name a few things.

[safetyfirst]

ask for a custody evaluator and they will most likely do a home visit as part of their evaluation to assess the conditions of both homes. If dad has been involved with them so far, just no overnights, then they will already know him as dad and should feel comfortable in his presence. If not, and the home environment is deemed appropriate for overnight visits, the evaluator may set up a gradual reunification visitation schedule.

Hello again and thanks to those who have responded. Question to Senior Member, are you by any chance an attorney dealing with probate matters?
If so, if home is deemed unsafe for overnight and he does get it somewhat together, would he then get overnight for children who are 12 mos. and 36 months old? Friday thru Sunday?

[brittoo2000]

hi,
If dad has been involved with them so far, just no overnights, then they will already know him as dad and should feel comfortable in his presence.
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[safetyfirst]

No, I'm not an attorney, just a grandma who is somewhat involved in an ongoing custody battle for a grandchild. My son is the father and currently has full custody. (child was conceived and born out of wedlock, but they subsequently married-the marriage lasted less than a year) The mother is seriously mentally ill and we are fighting to maintain full custody, no overnights. During the evaluation period, the custody evaluator actually gave her Thurs am through Mon am visits. It was a night mare. Just as the evaluation was complete and had been submitted to the court (with damning information about her) she had another 'breakdown' (6 hours into one of those weekends-she delivered the child to my house and was not heard from again for almost 6 weeks!). She had only been able to 'hold it together' for a few months to get through the evaluation. Even with the damning report from the evaluator, he was still recommending close to 40% custody for her. After the evaluation was submitted and she 'lost it' again (as described above), son's lawyer wrote up a new proposed parenting plan that was closer to the 12 month old exparte order (supervised visitation) than the evaluator's recommendation. By the time this goes to court it will be 18 months from the Exparte, and 10 months from the recommendation being filed with the court. To date, since the recommendation was submitted, she has seen her child 3 times!

The courts (and some evaluators) tend to take the stand that kids need 2 parents and work toward that end. Unless there is a history of abuse and a seriously DANGEROUS home environment, I would expect the court to work to keep Dad in the kids' lives.