I am 4 months pregnant and not with the father of the child and never married. He is threatening me with court and I am wondering what his chances of getting 50/50 custody is with him having a full time day job a night job two days of the week and 3 other kids he must pick up and transport 4 days out of the week, he also lives in a foreclosed home that is only 3/2bath, so he is in the process of saving money to move when he does move it will probably be an apartment so 2 bedrooms or so..... Not to mention we live in different counties and its about an hour drive between us. What kind of custody or visitation is likely to be granted with those factors.
Family Law Attorney
First off, he cannot get anything unless he files an action to establish paternity, which cannot be done until the child is born, unless you admit he is the parent.
In any event, and until he does so, you retain 100% of the rights with respect to the child.
Florida is changing their timesharing requirements as well. Starting July 1, 2013 (assuming Governor signs the law), there will be a presumption of 50/50 timesharing. However, this must still be in the best interest of the child and will take into consideration many factors. Judges will generally not award 50/50 for an infant, as the infant needs its mother.
C/S is based off of the parties' incomes and timesharing schedule.
Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
2 lawyers agree
Family Law Attorney
You case has many factual issues that cannot be summed up in a blog post. However, I will say that it becomes difficult for 50/50 when there is a geographical separation. I would seek advice ASAP so that you can be prepared if he does file a Paternity action when the child is born.
My office is in Naples, and I offer a free consultation, (239) 732-6631
Family Law Attorney
Since nothing can be established regarding custody or visitation until after the child is born, the facts you listed may not be relevant if and when the issues ever reached a judge. The court will have to consider the circumstances as they exist at the time of the hearing when determining each of the factors set forth in the hearing (though the court will also need to consider the past as well).
However, note that their is a bill that, pending the governor's signature, would amend the law to create a presumption that timesharing should be 50/50 absent specific evidence that such a schedule would not be in the child's interest. That burden of proof would fall to you to show why the 50/50 schedule would not be good for the child, so be sure to keep and compile a log of activity, visitations, the father's participation in the child's life and other evidence to present to the court if the time comes.
Divorce / Separation Lawyer
My colleges have done a good job answer your questions, so I'll focus on proposed new 50/50 time-sharing law.. The new law declares that it is in the best interest of children to have 50/50 time-sharing with both parents unless certain narrow exceptions apply. The exceptions include:
1) A parent who is incarcerated.
2) A parent who lives too far away to make 50/50 time-sharing practical.
3) An injunction for protection against domestic violence has been entered.
4) There is a history of domestic violence in the home.
5) The safety, well-being, and physical, mental, and emotional health of the child would be endangered by equal time-sharing.
Assuming he files a paternity action, you may be able to argue he lives too far under the new rule.
For information, click on the link below to a blog post discussing the subject.
(P) 904-339-5298. This Avvo.com answer is to provide general information and a general understanding of the law, not to provide specific legal advice. No attorney/client relationship is formed unless you and I enter into a written signed fee agreement.