Legal Question in Family Law in California

I am 8 months pregnant and my ex boyfriend to which we where never married keeps sayinh he wants to have our son when he is 2 months old for a couple days, i will be breastfeeding all the time no bottle, i told him he can come visit him whenever he wants and more than welcome to stay over and help but the baby needs to be with me,, he keeps telling me he will take me to court ? what are his right? i know nothing can be done until our son is born but he is stressing me out cause he is threatening to take him for a couple days at a time when he is newborn,, i live alone and have been taking care of everything financially,, what is so helpful advice to ease this? Thank you !


Asked on 12/16/10, 2:36 pm

1 Answer from Attorneys

Parental rights are the same for never-married parents as they are for a couple that was married and then split before the child was born. If you cannot agree on a parenting plan, either one can go to court and have the court order one. How soon he will be granted overnights and a few days at a time will depend on a complete evaluation of the entire parenting situation. Considering the availability of breast pumps and the non-essential nature of breast feeding, there are some cases in which overnights with the father are ordered as early as two months, but that is not the norm. Eventually, though, the court would order overnights and multiple days with the father if the father provides a suitable environment, since there is no way for the child to fully bond with the father on nothing but short visits.

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Answered on 12/21/10, 4:51 pm


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