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My domestic partner and I are separating and we have a child together.?

If I file for custody of our son before she does, does that give me he rights to have my son live with me and I plan on give her visitation every other weekend until the judge awards custody. Then we will go by the custody papers.

Update:

I feel that he needs to live with me until the judge can decide on who my son will live with. I would never keep him away from her or her family. She is just going through to much right now and I don't believe she capable of caring for our 10 month old.

5 Answers

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  • Brandy
    Lv 6
    9 years ago
    Favorite Answer

    It does not matter who files for custody "first". The judge/courts will look at what's in the best interest for the child - whether it's sole custody to one parent (which is rare, as one parent would have to be deemed completely unfit) or what the shared visitation will be.

    If you and your partner created this child, why would either of you want to keep it from the other parent. You two are separating, the child is not. Don't make him suffer for your actions.

  • Anonymous
    9 years ago

    Unmarried , the broad has first dibs on the offspring .

    That is unless you can build a case that she is an unfit mother.

    Like , for example , if you were to have to call 911 because she was violently acting out ( women lie about this to get men arrested and to get a restraining order all the time ) or if an anonymous tip were to lead to her getting pulled over and the cops finding narcotics in her car.

  • Anonymous
    9 years ago

    The one who files for divorce is not guaranteed custody of the child. The court will make that decision.

  • Anonymous
    9 years ago

    You or her cant have the custody unless court grants it and with the wish of your child.

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  • ?
    Lv 7
    9 years ago

    Mother's right comes first.

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