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?
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 advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Personal Injury Lawyer
The court will attempt to give both parents equal access to the children. There are exemptions.
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Family Law Attorney
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 732-609-3915 This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation.
Divorce / Separation Lawyer
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.
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