Legal Question in Family Law in Maine
my son is too young
i am about to file paper work with the court regarding custody of my 2 month old son his father wants to have him move back and forth a few days here and a few days with him i ofcourse think he is to young and dont want this type of visitation for our son what is the likely hood of a judge awarding him this?? i whole heartily agree that he should see his son but on the weekends and possible day visitation since our son is so young
1 Answer from Attorneys
Re: my son is too young
There are many factors that a Judge or Family Case Management Officer must consider to make a determination regarding visitation. The overriding consideration is "what is in the child's best interest". Given that it is still winter for another few weeks, and depending upon the distance that the father intends to transport the child each way (does he have a suitable child car seat?), the Court may decide that for the next few months visitation should be granted in a manner that does not disturb the child. (does the father have a crib and other suitable overnight accomodations?, is the child breastfeeding?)
However, ultimately, it is not unusual for visitation to be established with 3 days or so with each parent depending upon the circumstances, since you each have equal rights as parents and it is generally in the child's best interest to develop a close bond with both of you.