Legal Question in Family Law in California

50/50 Custody - Born out of Wedlock

I would like to know what my chances are of getting 50/50 legal and physical custody as a father. Our baby is 6 months old, I am the petitioner. I was told that I had to file to establish paternity and have rights, etc. I filed for 50/50 custody, child support (I want to pay). I was seeing my baby at least four days a week with overnights and I was baby sitting her while the mother went to work, but now the mother is witholding visitation and I haven't been able to see my baby. The mother is saying that she has more rights and our baby stays with her. She has offered to allow me a few hours (5-7) every other week. It seems that she is not thinking of what is best for our baby. What are my chances to get 50/50 joint custody and be able to have my baby equally, this is so hard and it hurts?

Thank you in advance for your help.


Asked on 4/04/08, 9:39 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: 50/50 Custody - Born out of Wedlock

usually the mother gets more time with babies that fathers. but you make a good point if you've spent as much time with the child as mom in the past. good luck. in my opinion, based solely on what you've written, i'd say mom will end up with more time for now. things can, and often do, change as the child gets older.

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Answered on 4/04/08, 10:17 pm


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