What can I do if my ex wants my daughter to stay with him during our divorce? 27 Answers as of September 28, 2011

You do have the right to say no. The court will order you both to go through mediation to discuss how/when placement will happen and when/if that can become overnights.

A court will look into the conditions you proposed. And will look at the best interest of the child. A 9 month old? common sense should tell you the answer to this. If you let him and something happens, who was not looking out for the benefit of the child him or you. A court will say you did not exhibit appropriate judgment. This is a trap being set up for you. Arrange for appropriate visits for him to visit the child but don't abandon your responsibility as a parent. Courts never award full custody of a minor under the age of 5 yrs to a father unless the mother is a drug addict or is in jail. There is a reason for this.

Sounds like you need to start the divorce process soon & perhaps hire a knowledgable attorney.

No, you do not have the right to say no. Rather, you will need to explain your position to the judge during your request for temporary custody and follow the resulting order.

Sure. Until such time as the court enters and order or parenting plan, you can say "no" to your spouse having the child overnight. Further, if your spouse has no residence of his own, you have a good excuse for saying no. Once the case is filed, you will need to either enter an agreed temporary parenting plan, or set up a hearing for a temporary parenting plan. Given the young age of the child and the minimal child care experience of your spouse, the court will likely adopt a phase in parenting plan. This would be a plan that allows your spouse some amount of day time visitation that increases as the case goes along. The court will likely not authorize over nights until your spouse has his own residence and has been exercising daytime visitation for while.

A child is never too young to be away from one parent and with the other parent so long as the parent with care does not represent a danger to the child. A mother has no greater rights to have care and custody of a child than a father under the law.

You can disagree, unless there's a court order statin specific terms of visitation then it's left to what you two can agree to. If you don't agree then don't do it!

A parent requesting physical custody should have an adequate space for a small child; if she is 9 mos. old, she should have a crib or baby bed to sleep in. You need to file for your divorce or at least for custody to clarify the relationships between the parties and a proper visitation schedule, and the court can make its requirements known. There are many issues that arise when very young children are at issue-are you still breastfeeding, for example? Proper custodial time will include all of the factors that should be considered.

After filing your complaint for divorce you can file a motion for temporary orders, setting forth the temporary custodial arrangements for your daughter including visitation and sleeping arrangements.

You have a right to say "No" but you have a duty to encourage a good relationship between the child and her father. File for primary custody and facilitate the father's getting to be good enough that you will feel that your child is safe with him.