Legal Question in Family Law in New Jersey
want joint custody of newborn
Our son wants joint custody of his newborn. He wants her on overnight visitation every other weekend. The babys mother claims she is too young(one month) and should not stay over or go out. Meanwhile the baby is being transported to birthday parties and to her friends and cousins homes.Can we have overnight visitation of a newborn?
2 Answers from Attorneys
Re: want joint custody of newborn
Overnight visitation with a newborn is unlikely. The visits for birthday parties involve the presence of the mother but an overnight for your son involves the absence of the mother. A year from now overnights will probably be allowed.
Joint custody should not be a problem.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: want joint custody of newborn
I see another attorney has replied. I will add the following:
The judge will do what is in the best interests of the child. At this very young age, the child's safety and wellbeing are the issues. Nursing a child is something only a mother can do. I understand your desire to have the baby overnight at your family's gatherings and with you on weekends. I am not as sure as the other attorney is that you will never be able to convince the judge to allow overnights. However, the judge could easily decide to allow daytime visits, and wait for a year or maybe more for overnights. You would have to seek this relief from the Court, and see what you are awarded.