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Going to Court over Custody

Erin - posted on 05/15/2010 ( 3 moms have responded )

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Hi, My ex started legal action during my pregnancy wanting our son on a 2 day turnaround. Jayden is now 8 months old. I'm just wondering if anyone has any experience with the Court System and I'm just wondering how much time is appropriate for my ex to be spending with our son. My ex wants overnight access and equal time with Jayden but I'm still breastfeeding and don't want overnights to start until Jayden is weaned, at around 2. He currently takes Jayden for 3 hours 3 times a week which will increase to 4 hours 3 times a week once Jayden reaches 9 months of age. Has anyone been through the Court system to give me some advice on how much time is appropriate for my ex to see the baby and also when overnights are generally introduced?

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Deanna - posted on 05/15/2010

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The fact that you are breastfeeding will help. My ex did not get overnights because I was nursing our daughter. I have been able to keep him from having overnights thus far, even though my daughter weaned herself. I would get an attorney if possible to help you with the courts. Courts can be difficult to navigate on your own.

I do not think there is any kind of cookie cutter visitation schedule, but I think it has to do with personal preference. I would document everything, propose what you think is appropriate. Many times a judge might hold off on overnights, because it is not quality time, but increase the amount of time the father has for his visits during the week.

As long as you show that you do what your ex involved in his child's life you will do better. Explain that you are nursing and the need for a young child to have a schedule and not be sleeping in two different places.

Good luck! Hope it works out for you!

Carmen - posted on 05/15/2010

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I know in texas you can request under three visitation, which includes one hour one night a week and four hours a few weekends a month till the child is three. You might ask what your options are in your state as far as something along these lines.

Amy - posted on 05/15/2010

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I honestly think that you dont have to give him overnight visits till the baby is 1 year old. at least in ms it is like that.
I hope this helps, good luck!!!!

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