Marriage and chances at custody

[dmc2004]

Hello all. I am new to this forum. I am single and have a 6 month old son whose father recently took me to court for joint custody (physical and legal). I have a couple of questions:

(1) His father got married a couple of months ago and I want to know if his marriage will play a factor in a custody decision.
(2) Does anyone know what a typical infant schedule entails? I do not stand in the way of my son's father getting our son whenever he chooses, however, he wants to keep him for days at a time and I told him to wait until he's older. Our current schedule is for him to get our son on Sunday afternoons and keep him until Monday evening (he works on the weekends and is off on Monday and Tuesday) and I drop him off on Tuesday morning and he brings him back that evening.

 

[king sol]

The father's marriage shouldn't be a factor.

In my opinion a reasonable visitation schedule would be Sunday (after dad gets off work) until Tuesday evening. Dad may not like having no free time on his weekends off, so suggest - every other.

There are no set schedules and a lot of alternatives. It would be best if you and daddy could work out a schedule that works for your lifestyles. If you leave it in the hands of the court, it may be a schedule neither of you like.

 

[BelizeBreeze]

While this is NOT a personal opinion site others seem to forget that or the fact that when you divorce, EVERYTHING is considered in granting custody and visitation, including your ex's remarriage, the person he married and even your number of sex partners.

When you divorced you gave up the right to decide who or what gains custody and/or visitation. Therefore, ANY opinion is worthless. The only opinion that matters is the Judge who hears your case.

In the matter of visitation, the age of the child is a minor factor. Or would you not leave the baby alone with your ex if you were still married. Simply put, it's not your decision any longer whether or not he should take the child for more than a day. Now it's the court's decision.

I would ONLY advise you do not walk into court telling the judge you "...told him to wait until he's older." The judge will simply ask you then "If you thought he would make a bad father why did you have sex with him?"

 

[king sol]

The OP never said that she was divorced. NO STATE Given.

In California child custody can be entirly up to the parents. The law requires that parents attend mediation for just that reason.

The intent of these forums are to give advice based on person experience. Therefore, my opinion is based on personal experience and is appropriate.

 

[LdiJ]

The father's marriage shouldn't be a factor.

In my opinion a reasonable visitation schedule would be Sunday (after dad gets off work) until Tuesday evening. Dad may not like having no free time on his weekends off, so suggest - every other.

There are no set schedules and a lot of alternatives. It would be best if you and daddy could work out a schedule that works for your lifestyles. If you leave it in the hands of the court, it may be a schedule neither of you like.

Infants being away from their primary caretaker for that long of a stretch every week, at 6 months, is pushing it a bit. Many judges won't even give overnights at 6 months and dad is getting one every Sunday night, so all in all its not really that bad of a schedule for him. He gets the child every week on his days off...it just hasn't progressed to two overnights yet.

 

[Bitter Mom]

Parenting Time Provisions...

Check out your states parenting time guidelines. There should be specific parenting time provisions for different age groups.

 

[dmc2004]

Thanks

Thanks to everyone for their responses. My son's father and I are scheduled for mediation in January, however, I don't feel optimistic about the outcome because he's being so uncompromising....I don't like the fact that a judge may decided the outcome, but I am not going to bow to my son's father's requests either. I believe that a 6-month old is too young for successive overnights and I've stated that to my son's father, but he's only concerned with his wants and needs - not my son's.

 

[BelizeBreeze]

I believe that a 6-month old is too young for successive overnights and I've stated that to my son's father, but he's only concerned with his wants and needs - not my son's.

Be sure to come back and tell us what the Judge told YOU when you state that for the record in court.