QUESTION
What are my custody and visitation rights during separation?
Asked on May 28th, 2015 on Child Custody - California
More details to this question:
My husband and I are separated. We have an 18 month old that I have been with and cared for 24/7 since he was born. I currently have a full time stay at home job. My husband gets our son on all of his days off and on nights when he gets off of work. My son has never spent the night away from me. My husband is now harassing me about the fact that I'm not allowing him more time with our son by not letting him stay several nights, overnight, with him where he now lives at his parents house. I feel that my son is too young to sleep away from me, he hasn't started talking yet. I'm worried that the back and forth throughout the week and weekends will be too hard on my son and I'm worried that my husband and his parents will try to put me in a position where I am forced to let him stay the night on random nights throughout the week. I don't know what my rights are during the separation. Please help.
2 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You also aren't a pediatrician. I advise you to try one night with agreement that your child can communicate with you by phone/webcam if your child seems to be distressed and/or if you so request. If that works you can then work on one or more additional overnights per week. But, everyone must remain cognizant of the child's need for stability. If you are breastfeeding still I'd be less enthusiastic about overnights at least without Dad having special gear to mimic you.
Answered on Jun 23rd, 2015 at 3:03 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Your child has the right to frequent and regular visitation with each parent during the separation unless such regular visitation would not be in his best interest. The schedule that the Judge determines (in the event that the two parents are unable to agree on a schedule) will be based on the information received from both parents, the Judge will consider what schedule would be best for the child, but he/she will consider several things to determine best interest: safety, consistency, past schedule, relationship that the child has with each parent, and the general rule that children should see each parent regularly, unless there is a danger with one parent.
Answered on Jun 23rd, 2015 at 3:03 PM