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As a father of a 3 month old, going through a divorce, do I have any rights regarding custody and visitation?

Long Beach, CA |

My wife filed divorce papers three weeks ago. Although I am yet to be served, she did tell me that she was going for full legal and physical custody of our 3 month old son, and asking for supervised visitation for me because she doesn't feel that I can handle a 3 month old. Since I haven't been served the papers yet, I haven't retained a lawyer, but this is weighing heavy on my mind. Any thoughts of what I can expect and what a judge will say? Thank you!

Attorney Answers 1


  1. There's no reason to wait, hire your own family lawyer ASAP. They'll be in a much better position to advise you than anyone on Avvo who doesn't know your and your wife's backgrounds, resources, housing arrangements, job obligations, and all the other facts of your particular situation.

    Women may get the benefit of a presumption that very young children are best cared for by their mothers, but if you get a good lawyer and prove that you're capable can handle a young child, you can make your case to the judge.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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