Will I get 50- 50 on my baby's custody? 11 Answers as of May 09, 2013

My babymoma and I broke up. She left to her aunt's with my daughter. My daughter and her mom are not allowed to live there by law and according to the rental agreement I have my daughter during the whole week all day. Her mom only has her on Saturdays and half of the day on Sunday. She works and I work too. She doesn't have any one to watch her. Her aunt works at night, her cousin is mentally ill and her uncle is a drunk. My mom and my sister baby sit her while I'm at work while my baby is with me. She does not call her or visit her. She's always out at clubs. Now I have a girlfriend and she has told me she's leaving to a different city and I can't see my baby unless she says if I file. How much of a chance will I have to obtain 50-50 custody? Sorry for misspelling I type this way.

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Derek L. Hall, PLLC | Derek L. Hall
If the facts come out as you say, you should immediately file for full custody. It sounds like you already are acting as the custodial parent. Your "odds" of having 50/50 custody are good, but your odds of obtaining full custody, if you act now, appear to be even better. You should put your child's interest first and do what is best for the child. If the child's mother is out at clubs and doesn't have time for the child and you are able, willing and desiring to be the adult and provide this child with a stable, loving home environment, then most judges that I work with would grant you custody.
Answer Applies to: Mississippi
Replied: 5/9/2013
It could happen if you request it in a paternity action. Contact an attorney and get it filed like yesterday.
Answer Applies to: Florida
Replied: 5/9/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
Because you were not married to the mother, you need an order from the court to establish your paternity and to set out the custody and parent time with the child. The mother has all the rights regarding a child born out of wedlock until such an order is entered. So, the mother can move to another city, and you will need to obtain a court order setting out your rights and obligations. If the mother is moving very far, it will be less likely that a 50/50 division of time will work out. The amount of time you have with the child, and whether or not you could obtain physical custody will depend on a number of factors including how bonded the child is to you and whether or not the mother has problems that impact adversely on her ability to care for the child.
Answer Applies to: Utah
Replied: 5/9/2013
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
If you have not filed a Petition with the courts to establish your paternity of the child, that is the first step. Once paternity is established, you can ask the court to order a Parenting Plan that includes time-sharing with both parents.
Answer Applies to: Florida
Replied: 5/9/2013
Kunin &Carman | Ishi Kunin
You should file ASAP. You should ask for primary physical custody based on the facts you set forth.
Answer Applies to: Nevada
Replied: 5/9/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Who knows what the chances of 50/50 are. But you won't be assured of any custody unless you file, so file. Now.
    Answer Applies to: Idaho
    Replied: 5/9/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    There are many factors that are considered in determining what living arrangement is in the best interest of the minor child. But yes, you do need to file as soon as possible; otherwise, your legal rights are not established by law and she can move (which can limit your contact). You need to contact an attorney immediately in order to best determine how to proceed.
    Answer Applies to: Florida
    Replied: 5/9/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    There are no guarantees in child custody suits - the judge will enter orders based on the best interests of the child after considering all the facts. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 5/9/2013
    In Nevada joint physical custody 50/50 is the preferred custody arrangement.
    Answer Applies to: Nevada
    Replied: 5/9/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Based upon what you have outlined you should request full custody. I would contact an attorney immediately.
    Answer Applies to: Massachusetts
    Replied: 5/9/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The order of the Court controls, and if there is no order hire an attorney and get one in place.
    Answer Applies to: Michigan
    Replied: 5/9/2013
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