Unwed mother, going for sole physical custody.

[Jennifer85]

I am located currently in burlington county New Jersey but I plan to shortly be moving back to ocean county New Jersey.
This is my first post so please forgive me in advance if I'm not as concise as I should be.

As the subject says I am a unwed mother. Currently me and my 3 month old son are still residing in the home of his father, but I've come to the dertmination that this is not where we should be.

I am trying to go for sole physical custody of my son with the father to have visitation rights friday night through sunday night, and every other monday (as he has off from work every other monday) I also was going to go for joint legal, as I still feel he has the right to make legal choices for his son.

I am 22 and currently unemployed, as me and the father had agreed upon so that I could take time off before he was born, and now currently a stay at home mother, spending at least 51hrs alone a week with my son who I am breastfeeding.
I planned on moving back to my parents house, where my son would still have his own room. I plan on going back to work on the days when the father would have him. As well I am currently enrolled for classes monday and thursday, my mother is to baby sit, as they are afternoon classes. (We had already agreed on my mother babysitting when I planned to return to work)
So I would be with him every other monday untill 12pm then after 4pm, every tuesday, wenesday, untill 12pm thursday after 4pm, and friday day.

The father wants to split him up 50/50 joint physical AND legal custody and as well wants to stipulate as part of the agreement that my father can not smoke in his own house. I do not plan on signing away my father's legal right to do what he wants in his own house.
The Father seems to think that he would be awarded sole physical custody if we go to court because he has his own house and job with insurance from the state government. (I currently pay my own insurance but would get NJ Family care if need be for me and my son)

I want to know if it is unreasonable at all for me to be going for full physical custody, and how likely it is that if we had to go to court that they would award the father custody instead of me.

Please ask for any other details so I can be of more help.

 

[Duranie]

Well its not unreasonable to go for sole but what exactly is sole going to give you? Dad will still likely get unsupervised visits. Joint is being awarded more and more so if Dad gets an attorney and asks for joint, if you fight him you are just going to have a long court battle.

It is in your bet interest to get a job. If you want custody you need to prove you can support the child.


Joint custody does not mean no child support. You'll likely get it since Dad makes more.

It is very unlikely he can get custody. I recommend you and Dad try to work something out.

 

[Jennifer85]

I already plan on returning to work, but sole is intended to give me the majority of the time with our son, since I already am responsible for him as the primary caregiver.

I want to try and work this out without going before a judge, but the moment he disagrees, as he already is, we head down that road.