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Comments

  • Yes he can. The courts dont give one iota of a darn about breastfeeding. Let him take you to court as you doing so will just rock the boat. Because he stays home and provides the financial support, he has a very good chance of acquiring joint custody.
  • However, it is most likely that you guys would come to a settlement as less than five percent of custody cases go to trial. Of those five percent, 70% of men win physical custody of their children in the united states. A contested custody trial costs between 10-70 thousand dollars in attorneys fees...each. I spent sixty grand.
  • edited May 2014
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  • No, you dont wait. If any court happenings are going to happen. You file first!
  • I have friends who just divorced. When they separated she filed the paperwork for their 1 yr old. They are going for 50/50 but until its settled she has majority custody of him strictly because she filed. Just something to think about.
  • edited May 2014
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  • The courts do not hesitate to give fifty fifty. It is almost always the ruling of a judge for children not of scchool age.
    As for filing first, you don't know this is what he will do. Filing for custody may panick him and cause him to get a lawyer and fight full force for something he may not have. This is what happened to me. If you know for sure or suspect he will, then definitely file first. Only do this under the guidance of an attorney. One little mistake can cost you your case.

    As for breastfeeding, many women have lost custody due t the courts saying it caused parental alienation. They will often tell you to formula feed or pump.

    His working hours will not likely be an issue as it is a normal work week. You living with family could portray to the judge that you do not have proper means of stability. I advise you to get a job if you decide to file. It all depends on the judge and your lawyers. There is no clear cut answer. Custody cases are all about documentation and who has the better attorney.
  • You can file for child support without going to court for custody...at least I know you can in California. You open application with Dept of Child Support services.
  • Custody and child support are generally 2 different cases.
  • @bexiewexie lol I agree with you!

    @rjr33 I wish the best for you and if it was me I would file first as well. And I am sorry this is happening to you.
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  • Yep @thehumancrockpot, that is an old myth. Doesn't happen that way anymore. Judges prefer split custody unless one parent is proven unfit. The court system goes off of the best interest of the child and in their eyes, that is with both parents.
  • edited September 2012
    I would say know for sure what he is up to before making any sudden and hard dicisions. But deffinitely file first! Try to work thinking out on your own with him first to see if you two can come up with a agreement before bringing the law into hands.

  • I'm sorry you are going through this. When my parents separated, I was 12 but my sister was 18 months old. They granted my dad every other weekend. He didn't get 50/50 custody until I was 16/17 years old and that was way after they went to court about every year for something new.

    I know after I had our lo we fought tons..we kind of still do, but its not as bad and it doesn't last more than an hour when I realize I need to cool my jets, I've had problems with getting frustrated extremely easy.
    @bexiewexie I think its the sleep depravation and our added hormones out of wack that make things to be 10x worse lol.
  • It really just depends on where you live and the county.. Where I live it takes an act.of congress to take a child from its mother..
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