Will my sons father get 50/50 custody?.

Asked about 1 year ago - Port Murray, NJ

My son is 9 months old, i took his father to court for child support in feb. He is now taking me to court for visitation and 50/50 custody, we alredy have 50/50 leagal, but what are the chances he will get 50/50 Physical? He has seen my son less then 15 times, i will not let him take my son without me being there because i am breastfeeding and my son has some medical needs, his father has never been to a doctors app, when he is suppose to come to my house he cancles the last minute or doesn't show up. Hes wrote on the paper i refuse to let him take my son and im nervous they are going to give him full custody because of that. His father says he wants my son every weekend and 2i nights during the week. How will that work if i am still breastfeeding?

Attorney answers (4)

  1. Leonard Roy Boyer

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It is too hard to speculate as to what a Judge may decide. But under these facts, I doubt it will be a 50-50 custody arrangement. You need to retain an experienced family law attorney.

    Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be... more
  2. Yolanda Navarrete

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The court will attempt to give both parents equal access to the children. There are exemptions.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more
  3. Waynice A. Green

    Contributor Level 9

    1

    Lawyer agrees

    Answered . There are a number of factors the court will look at in determining the custody arrangement. The child is not in school yet, so that ways more in favor of 50-50 residential custody (unless you two live near each other), however, because the child is a baby, and is breast feeding, that weighs against 50-50 custody. Also, compounded with the fact that the baby has medical needs, and the father has not attended a doctors appointment , it is more unlikely that the father will get 50% parenting time. What it will come down to is what is in the best interest of the child. The judge, is unlikely to say that a father should get no visitation with the child unless he poses some type of threat. If you are just keeping the baby away from the father, and not allowing the father to visit, that is grounds for a judge to give you less visitation, and in some situations, even change primary residential custody to the father.

    It is important that you contact a child custody/ family law attorney to discuss your situation in further detail. Good luck.

    Waynice Green Colby & Associates, LLC 73 Church Street New Brunswick, NJ 08901 www.colbyandassociates.com... more
  4. Thomas S. Durst

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Custody and parenting time decisions are made based upon what is in the best interests of the child. The starting point is that the child will benefit from having both parents involved in his life, but this does not mean there will be or should be 50-50 parenting time. If you have not done so yet, you should consult with an attorney ASAP.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more

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