QUESTION

Ex demanding 50/50 custody for unborn baby

Asked on Jun 12th, 2020 on Child Custody - New Jersey
More details to this question:
I’m 4.5 months pregnant and ex my fiancé is flat out stating he WILL be having this child 50% of the time. I am not looking to keep him from him at all but he also works a lot (and early in the morning) and has 4 other kids he’s running around and would be heavily relying on a nanny for help and daily child care while he’s at work. I work from home and am more available to our child perhaps only needing a “mother’s helper” while I’m working at home. I am very concerned he would be granted 50/50 of this child yet this child being with a nanny most of the time. Also clearly our child will be an infant for a bit and then a baby and I’m not comfortable whatsoever with overnights right away at all. Do I have to give him overnights while the child is still super young like that?? My thinking was to start them after a year or more. Please help. I feel like he is being aggressive telling me emphatically what’s going to happen etc. I don’t want to be without my child while he’s with some nanny
Report Abuse

1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
Update Your Profile
Im sure that this is a very stressful and potentially overwhelming setting for you. At the end of the day though, if this issue is presented to a court, the judge handling the matter is required to focus on what is best for the child. What is best for the child though is not a simple inquiry when he is a baby. The issue will involve his breast-feeding schedule, how long he will be breast feeding, his sleep schedule, etc.  My suggestion is that you talk with your ex about meeting with a mediator or an arbitrator to address this issue. A mediator listens and makes recommendations to both of you on the issues outstanding. If either of you disagree with the recommendations, then either of you are free to file an application with the court thereafter for the court to rule on it. Conversely, an arbitrator is akin to a judge, where he listens and reviews all of the materials similar to a judge and rules and his ruling has the same type of finality as of a judge had rendered a decision. Alternatively, either of you can file an application with the court (once the baby is born) asking the court for a ruling on the parenting time schedule. Presume, that a judge will require both of you to submit your issues to mediation to try and resolve the issue and if not resolved in mediation, then the court will rule on it. The best advice at this point would be to suggest to your ex that instead of the 2 of you fighting over what parenting time plan is best for the child, agree to meet with a lawyer who is an accredited family law mediator to discuss the issues and see if the 2 of you can find a path forward that is reasonable and one that each of you are comfortable with.  If you and your ex would like to meet with one of the partners in Diamond & Diamond to act as a mediator, please contact Angela 973-379-9292 to schedule a joint meeting. 
Answered on Jun 15th, 2020 at 6:48 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters