eminent divorce and custody of 6wk old baby

[cbarrett]

My Son Is Going To Be Served With Papers For Divorce, There Is A Baby Involved And He Would Like To Have Some Joint Custody. He Has Been Told With A Baby This Young And The Mother Breastfeeding That He Probably Would Not Be Able To Get Joint Custody Of This Child Or Stand A Chance Of Getting Jc Until The Child Is 14 Months Old.

At This Time He Hasn't Been Served But Knows That She Has Filed For Divorce. Is There Any Benefit To Him Having Her Served First?

He Would Like To Keep This As Amicable As Possible But Has Very Good Reason To Believe That She Will Try To Keep Him From Seeing His Child Simply Because She Left And Went To Another State And He Had No Idea Where She Was(THIS WAS BEFORE SHE FILED FOR DIVORCE). They Also Had A Therapy Session Scheduled That She Had Promised To Bring The Baby To But She Did Not Show Up, MY SON DID? HE HAS BEEN VERY WILLING TO DO WHATEVER HE CAN TO KEEP HIS FAMILY TOGETHER. PER TWO THERAPISTS SUGGESTION SHE IS BELIEVED TO HAVE SOME POSTPARTUM PSYCHOSIS AND PRIOR TO PREGNANCY SHE WAS ON ANTI DEPRESSANTS. BUT SINCE SHE IS BREASTFEEDING SHE IS NOT ON ANY MEDICATION. ONE THERAPIST SUGGESTED THAT SHE SEE A DOCTOR WHICH SHE HAS NOT DONE.

ANY INSIGHT INTO THE LEGAL ISSUES OF DIVORCE WOULD BE GREATLY APPRECIATED.

 

[seniorjudge]

He needs to get a lawyer as soon as possible.

 

[Duranie]

How long has mom been in this new state for?

If she has not been there long enough to establish residency then it is in your sons best interest to file for divorce ASAP in his state so that his state has jurisdiction. Otherwise if mom files first, he will have to go to this new state for all hearings, and will probably have to go to this other state for all visitation.

If your son is able to establish jurisdiction in the state where he has, that would be recommended. He can ask the child be returned asap.

Dad should file for divorce ASAP and beat mom to it if she has not met the residency requirements in the new state.

Also, he can ask for joint legal custody which would give him some legal say in decisions made for the child. It is rare to get physical 50/50 joint custody of a baby but he certaily is entitled to see the baby, and get overnight visits.