call for a free consultation 212-300-5196

AS SEEN ON

BLOG

Could he possibly get custody of our baby if we get divorced?

Child custody disputes are difficult for all parties involved. Not only must one consider one’s own wants and needs, but one must always keep the child’s safety and happiness in mind. If you’re in the midst of a divorce, you might wonder who will get custody of your child. While this is always stressful, it can be even more stressful if you’re dealing with an infant. Despite your connection with your child, you may worry whether your husband will be given custody. Though there’s not necessarily a straightforward answer here that will satisfy everyone, understanding how custody is determined may help you to prepare for what comes next.

The Standard

There are a number of factors that go into determining who will get custody of the children after a divorce. The primary factor, though, that has become the standard in determining custody arrangments is the well-being of the child. More than anything else, the courts across the United States are concerned with making sure that the child’s physical, mental, and emotional well-being are provided for by either or both of the parents during the custody process. As such, the court will do its best to make sure that the party who can best provide for all the child’s needs will get primary custody.

It should be noted, though, that there is no longer a presumption that the mother is the best caretaker. Though in years past the courts operated under the assumption that only the mother could adequately care for young children, this is no longer the official doctrine of any court in the United States. The court will try to take an objective look at who can take care of the child in all aspects of his or her life, though things like emotional bonds are much harder to tell when the child is still an infant.

The Realities of Custody

It is exceedingly rare for one party to get full custody of a child. In fact, there are even some states that require joint custody to be given in all but the most extreme of situations. Unless your spouse can prove that you are an actual danger to the child, it is highly unlikely that he will be able to get sole custody of the baby. Instead, you are much more likely to look at a situation in which the two of you share custody of the baby.

Generally speaking, the major concern here is which parent will receive physical custody. The primary custodial parent is the one with whom the child lives, though it is possible in some cases that the child will split time equally in both cases. While the spouse who does not have primary physical custody will still have legal rights to the child and will be able to make decisions for the child, he or she will not be the person with whom the child primarily resides and thus will not make most of the day-to-day decisions for the baby.

As you might imagine, it’s fairly common for mothers to have at least joint physical custody for a baby, especially if they are still nursing. It is exceptionally rare for a mother to not have at least significant visitations rights for an infant, especially if she does not present a threat to the child. There are very few situations in which you could see your ex-husband having your child one-hundred percent of the time and having the power to prevent you from seeing your own child. It is far more likely that your child will reside with for a significant amount of year.

If you are in the middle of a divorce and you’re worried about custody arrangements, it’s vital that you talk to a lawyer who specializes in custody disputes. You’ll want to know not only what’s likely to happen next, but how to separate the facts from the fiction that your former spouse might be peddling. Though there are never any guarantees that you will retain full custody of the baby or even that you will be declared the primary physical custodian of the child, there are rarely any circumstances under which your husband will be able to take full custody of your child. Custody is not decided until the agreement is signed, so make sure to work with an attorney to ensure that you get the best custody agreement possible for your child.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.