How do I get the child custody arrangement that I want? 4 Answers as of April 20, 2011

I am currently pregnant 8 months. The father wants half custody. I am open to visitation i.e. every other weekend, once during the week, and alternating holidays. But I am not comfortable with 50/50. He works on call and his schedule and income is therefore unpredictable. He lives with his parents and his father is an alcoholic. His parents support him. They also rent out two of their rooms to strangers. The first 4 months of my pregnancy he pressured me to abort. We were never married nor did we live together. He has no experience at all with children. He doesn’t want to pay for child support at all. He is 21 and I am 35. I do not work. I am a fulltime college student in my last year. I did rent a one bedroom apt to prepare for my new arrival. I will be living with my daughter alone. I do have experience with children. I support myself. I am currently going to counseling to help me with all this. I did try to negotiate child support and he said I couldn’t make him pay if he didn’t have a job. I tried to negotiate numerous times. In addition, I did offer him the above visitation arrangement and he still harps about wanting 50/50. What can I use in my favor to get sole custody and give him this visitation? Is there anything I can use against him?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Having 50/50/ time share with the child does not guarantee that he will not pay support. Support also depends on the amount both parents make, visitation percentage, number of people to support, certain pension payments, etc. Are you going to breastfeed? Hard for the father to have a big time slot if the child needs to eat. And the child needs to bond with the mother. Also the father needs that too. Father could come over to the house and visit there. Then Baby can eat when he/she gets hungry. Who watches your child while you are in school?
Answer Applies to: California
Replied: 4/20/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
You are the mother and if you are breast feeding you will not want to be away from the child for more than a couple hours. You should not give him 50% or even weekends for several months. As the mother of a newborn baby you will be in the driver's seat and the court will protect the best interests of the child. Hire an attorney to help you with this if at all possible.
Answer Applies to: California
Replied: 4/15/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
With a newborn, 50/50 physical custody is notpractical or proper. You should consult with and retain an experiencedFamily Law Attorney to file a Paternity case, and to seek custody and visitation orders as well as child support and attorney's fee orders.
Answer Applies to: California
Replied: 4/15/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
In California, custody and timeshare are two different things. Custody refers to decision making authority. What you appear to be interested in is the timeshare. Your schedule appears reasonable in light of the fact that this will be a newborn (perhaps even overly reasonable, given that your baby will probably be breastfeeding, so overnights aren't necessarily appropriate). You aren't obligated to agree with him on a schedule, you can let the court make that decision for the both of you. Also, support issues are separate and apart from custody and visitation, so his desire to have more time to limit his support exposure isn't child centered thinking.
Answer Applies to: California
Replied: 4/14/2011
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