Legal Question in Family Law in Nebraska

Unwed Father - Custody

I am an unwed father of a 1-yr-old. Her mother and I have been "living together" for 6 years. If I decide to end the current relationship with Mother, is there a way to have a "pre-emptive strike" in place so that I may retain sole custody of baby?


Asked on 3/15/00, 12:06 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Unwed Father - Custody

Jeez Louise, that's cold! "Preemptive strike" is a telling phrase. Children are not suitable battle grounds, and this should not be a war. Your mantra should be "My wants are not important here. The baby's needs take priority over what I want." Abrupt changes can be upsetting at the least, permanently emotionally damaging at the worst. Do not make the baby pay the price of your "win."

I don't practice in your state, so you will have to go by your state laws. In general, though, joint parenting is presumed to be in a child's best interest. Without strong proof that joint parenting is not in the child's best interest, you will be a wise parent to -- as soon as you decide that you're leaving the relationship -- sit down with your partner and establish a temporary parenting plan that reflects the kind of parenting arrangement the child is accustomed to.

Especially very young children need frequent and continuing contact with both parents, e.g., daily visits or at least four visits each week with the nonresidential parent, phone calls and audio tapes just so the child can hear the other parent's voice even if the child doesn't understand what parent is saying.

I highly recommend that you and your partner take parenting and communication classes so that you can be the best parents possible whether you stay together or separate, and the communication classes is so you can talk to each other about the child without pushing each other's buttons.

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Answered on 3/23/00, 8:41 pm


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