Biological father discovered 2 weeks ago, now he wants joint physical custody?

Asked about 2 years ago - Franklin, NH

i have found out that my 6 month old son's biological father is my ex from 1 year ago. this was found out 2 weeks ago via a home paternity test. he has gotten advice from his lawyer and wants to have me agree to joint custody and joint legal decisions because "at this age it is important for the infant to get to know his father". I on the other hand want bi weekly visits every other weekend. my son is 6 months old and i fear that it will put too much stress on him. how do i file physical custody. do i need a lawyer, and what are my chances of every other weekend being requested? he has no license, is a convicted felon, and lives on a premises with his mother that he is not suposed to be at per lease requirements.

Attorney answers (2)

  1. Christopher Buck

    Contributor Level 11

    Answered . I think you would benefit from a consultation with a family law attorney. When parental rights are involved, it is usually better to have an attorney than to go to court on your own. I would be happy to offer a free consultation. You can contact me by email through Avvo, and we could set up a time to talk.

    If you are interested in a referral, the New Hampshire Bar Association has several referral services on their website. Visit http://nhbar.org for full fee, reduced fee, and pro bono referral services.

    Best wishes,


    Chris Buck

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  2. Melissa S Penson

    Contributor Level 6

    Answered . I agree with Attorney Buck that you would greatly benefit from a consultation with an attorney. Many attorneys (like myself) offer free 30 minute consultations. Seeking to enforce or limit visitation can be a difficult process and having an attorney represent you ensures that your rights are protected and the law is followed.

    Generally, the New Hampshire Courts will balance the best interests of the child with the rights of the parents of the child. You have listed several facts (such as no license, being a felon, not having contact with his father for 6 months) which could make the Court hesitant to immediately Order that father have overnight, unsupervised or lengthy visits. To start the process, you will need to go to your local Court (6th Circuit Family Division for Franklin) to file a Parenting Petition. The Parenting Petition will outline what you would like the Court to Order in terms of visitation. You can also file for child support at the same time.

    Good luck.

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