Legal Question in Family Law in Florida
Newborn Custody Question
I am three months pregnant and the father of my child wants 50/50 custody once the baby is born. I 100% plan on breast feeding and can't imagine having my newborn baby leave overnight, let alone whole weekend while it is only days or weeks old. Not only for bonding reasons, but the supply and demand of breast feeding. I am wondering what my rights are as a mother with a newborn baby? I am also wondering if it matters custody wise what my child's last name will be and if the father's name is on the birth certificate. I live in Florida if that helps.
1 Answer from Attorneys
Re: Newborn Custody Question
If you don't dispute that he is the father, then makes no difference whether his name is on the birth certificate. The two of you should decide together, as parents, what the child's last name should be.
Also, you should decide as parents what your parenting plan will be. In other words, you should decide how you'll share time with her child. You should also decide what the child support will be. Child support is based on Florida's child support guidelines. Then, you should get a lawyer to help you filed a paternity lawsuit, so that you can get eight court order memorializing your agreement.
If you cannot agree, you'll have to file a paternity lawsuit, and a judge will have to order what the timeshare and child support will be. Just because you are breastfeeding does not mean that he won't get custody.
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