I need help with research showing it is important for children under 1 to live with the mother in a custody battle

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Dove - posted on 01/07/2015

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If he has unsupervised visitations already w/ a sex offense conviction (assuming that's been presented in court)... you aren't going to be able to present anything that says a child is better off only in the custody of the mother.

There may or may not be specific evidence in your case that YOUR child is better off in your custody, but that will be solid and specific evidence (like arrest records, documented abuse of the child, etc...) and not something you can find in general.

Generally speaking... children do better w/ two parents that can work together on custody and visitation issues and developing an equal and positive relationship w/ both parents.

♫ Shawnn ♪♫♫ - posted on 01/07/2015

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There is no research that will support that hypothesis, Chelsey, as both men and women are perfectly capable of providing quality care to a child.

The only thing that would possibly sway a judge is if your were exclusively breastfeeding, but that only 'really' works until they're 6-9 months, at which time a court could decide that either expressed milk or formula will do.

If there is a proven conviction against your ex, then have your attorneys present that. If it is an allegation, or charges were dismissed, it cannot be used.

However, if he was given the option of less support in return for more custody (and you didn't want that presented), you shouldn't have allowed your attorney to present that as an option.

My recommendation would be to amiably come to a custody agreement through your attorneys, and then amiably co parent with the person that helped create the child.

Chelsey - posted on 01/07/2015

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Thanks ladies. He was fine until he brought up the fact of paying more child support with less overnights so suddenly he wants her more. He didn't at first.

Raye - posted on 01/07/2015

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There is no research showing that mothers are better than fathers. It's whomever can provide the best home for the child. Typically the court tends to side with the mother, unless there is some reason she could be unfit. But it's really the judge's decision. If the father is *convicted* of being a sex offender (verses just being *accused* but not proven), then that should hold some sway in your favor with the judge. Maybe get a lawyer that has some experience in these situations.

Jodi - posted on 01/07/2015

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If her father is a sex offender, then you can use that, it will depend on the offence. But you aren't going to find research that states a child under 5 is better to be with the mother full-time unless breastfeeding. Research actually indicates otherwise, which is why many jurisdictions are moving to 50/50 as a starting point for custody agreements.

Here is some research on divorce and separation and the impact on children. However, most of it states the advantages of joint custody arrangements.

http://www.familylawwebguide.com.au/sp/p...

I think you need to stop and think about WHY this is a custody battle. What has he filed for?

Ev - posted on 01/07/2015

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If you have the proof that her father is a sex offender he might not be able to be around her at all or have only supervised visits depending on his offenses. Otherwise, you are not going to find any proof that its best a child is with the mother fully for under the age of one unless breast feeding is going on.

Chelsey - posted on 01/07/2015

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I meant to say for a 1 year old. My mediator said if I can find research to say it's good for the child under 5 that would help my custody battle. Let alone her father is a sex offender and I still am fighting

Jodi - posted on 01/07/2015

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Are you breastfeeding? Because that is the only way you will find research that says this, because without the benefits of breastfeeding, research shows it is actually best that the child develop a relationship with both parents equally.

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