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What are my rights as a mother?
I'm a 30 yr old women with a 5 month old daughter and my boyfriend has kicked me out of the house. He wants to get our daughter 3 days a week but I'm breastfeeding her and I don't trust her staying overnight in a place where I'm not. What do I do? Can he get joint custody? I have not refused to let him see our daughter but he wants her to stay overnight... please help me!
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If he is listed on the birth certificate he is the legal father and already has joint legal custody by default. But, as the mother you have primary physical custody. Absent a court ordered visitation schedule, you do have control over visits. If you are breastfeeding, a court is unlikely to award him overnights at this time. But they could very well allow overnights after she turns 1 or leave it open to when she is weaned. I would suggest to him, that once she is weaned there will be no problem with overnights, just give it time. On the other hand, his kicking you out of the house will not sit well with the courts. I assume his kicking you out was not because of the overnights since, if you were living together there would be no need for visitation. |
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