Father of my 5 month baby is asking for 50/50 but he has not been in her life at all. She has my last name and he did not sign any documents at the hospital & is asking the court to have his last name added but I do not want his last name added. I tried working it out with him without court but he did not follow through with paying me money and he coming to see her & now he went to court 5 months later & I do not want him near us until it is official in court. I am also breastfeeding my baby and she is really attatched to me. Her father was a very controlling and abusive person emotionally and pshycologically during our relationship together in the first half of my pregnancy, & I finally was able to leave him, he had a ton of threats said to me saying if I put him on child support he will make things difficult for me. & many more. He is a very toxic person and lives in a bad area and bad environment for my baby, has mold in his house and cockroaches, bums living in front of his house, please help me, it will kill me to have him take her for even just one hour. We have court 02/21/18 I want to be prepared of what could happen
1. Were you or are you and the father of your child married or unmarried to one another?
2. What type of case is this? Is this a parentage action (where the parties are unmarried, but have a minor child or minor children together) or a Petition For Dissolution of Marriage action (where the parties are married and have a minor child or minor children together)?
3. In the State of California, with respect to child custody and visitation, the court will make its determination based upon what is in the best interest(s) of your minor child. As a result, you have to argue why it is in the best interest(s) of your child that the court reject the opposing party's request, and grant you your request.
I'm really sorry about your situation, but the Court is not going to allow you to keep your baby from him. In fact, if you go in and tell them you are unwilling to share, it will hurt not help your situation. The law requires the court to consider which parent is most likely to ensure frequent contact with the other parent.
It would be best for you to ask the father to go with you to a therapist and negotiation a time share. Otherwise, most courts seek to give parents shared custody, eventually equally. Even remove custody from a parent who is unwilling to share.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline