Have a 2 mo old and told to move out.
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Anonymous
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Don't leave.
Is the fighting relatively new? I just wonder if it's the stress of a new baby.....if that's the case, it very well could get better. But PPs are right. Legal custody would be 50/50, but physical custody will highly favor you if you are nursing, because it's what's in the best interest of the child, not what's in the best interest of the parents. Even if you aren't nursing, your attorney could make a good case for primary physical custody with you while the baby is very young. |
Anonymous
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Also important to note that many men do not actually want 50% custody. Many demand it to begin with, but when reality sets in they back way off.
I would suggest that you both realize that you are extremely exhausted parents of a newborn. Neither of you is acting on your best behavior. You are probably pushing all of each other's buttons. You both need to slow down and take some time to regroup. If you have family or friends that could do night duty, this is the time to ask for their help. You and your partner need to get as much sleep as you can. Even if you still decide to split, you will do it more rationally if you are both in a better place physically and spiritually. |
Anonymous
| Your baby is 2 months old. Everyone's first few months-year with baby are hard. Has the relationship been crappy for awhile or is there a chance this is your run of the mill newborn difficulties and this blows over and y'all can work on things? |
Anonymous
No, its called a paternity test. And, if she denies paternity and no test, she probably will not get child support. That is a bad game to play. |
Anonymous
This is dumb advice. Withholding the child out of spite will negatively affect your custody case. Judges see right through that. It shows you let your own anger interfere with making decisions in the best interest of the child. |
Anonymous
| Don't leave. Hire a lawyer quick! He can't evict you...no judge would put you and your baby out. If you have been together 7 years it's common law marriage. He is a controlling person because it benefits him and scares you. For your baby get BIG child support and try to get primary custody. |
Anonymous
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Yes, get a lawyer.
are you considering going somewhere else, 'home'? If so...you might want to go quick before you or he files custody. Right now neither of you has more or less rights to move baby wherever-once you or he files, you might get tied to a certain radius. But I'm not a lawyer, so check that if it applies to you. And I don't think he'd get 50/50 at this young age-but chek that too. |
Anonymous
It's not advice. It's a fact. |
Anonymous
Around here, common law marriage is only conferred in DC. Sounds like she's moved out to VA or MD. And there's more to it than just living together. |
Anonymous
You cannot force someone to pump. |
Anonymous
Then baby gets formula. There are options. Breastfeeding is not a reason to withhold parenting time even if he is being a jerk to mom. |
Anonymous
Actually, it can and is in many custody situations. Joint Custody Joint custody can refer to joint legal custody or joint physical custody, or both. Joint legal custody means that each parent has authority to make important decisions for the child, such as where he goes to school and whether he should receive medical treatment. Joint physical custody typically means that each parent has the right to spend significant time with the child -- it doesn't necessarily mean a 50-50 split of time with each parent. With a breastfed child, however, it's even more unlikely that the arrangement will resemble an even split, because the child must spend so much time with the mother. States With Breastfeeding Laws As of 2012, a few states have laws that specifically address breastfeeding while several others have enacted legislation that deals with breastfeeding in some form. In Maine, a judge must consider whether the mother of a child under one year old is breastfeeding when the judge determines parental rights and responsibilities. In Michigan, one of the factors a judge must consider when determining allocation of parenting time is whether the child is under six months old and breastfeeding or under one year old and receives a substantial portion of his nutrition through breastfeeding. In Utah, a judge may consider that a nursing child’s lack of reasonable alternatives when determining whether the default custody schedule should apply to a particular case. States Without Breastfeeding Laws Even in states without breastfeeding laws, a judge can consider breastfeeding when making a custody determination since custody is to be awarded according to the best interests of the child. Some states also take age into consideration when they determine custody arrangements. For example, Texas does not apply a standard weekend visitation schedule for children under age three. Even in states that do not directly address breastfeeding, the judge could make an order permitting the mother to have more time with the child due to breastfeeding. The order could include a different parenting schedule when the child gets older, or the father could go back to the court for a modification of the custody arrangement when the child is no longer breastfeeding. |
Anonymous
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This is why you get married before having children because then you have marital rights
You have nothing now. |
Anonymous
| Women who have babies without the benefit of marriage are FOOLS. Especially OP. His name is on everything, including this child, I'll bet. |
Anonymous
Um, no, you're wrong. In my old state I had more than one friend who was able to put off overnight visits until child was fully weaned, or up to age three. No way I'd give my baby formula |