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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31493
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband had an affair witch resulted in pregnancy. The baby

Customer Question

My husband had an affair witch resulted in pregnancy. The baby is less than one week old. He signed the birth certificate and the baby has his last name. He's provided all needs for the newborn for both our household and the mother's because she is unemployed. If he and the child's mother fill out and sign a parenting agreement from rocketlawyer.com and file it with the court, will it be a legally binding agreement? We live in Aiken county, SC. Both parties agree to 50/50 split custody but the mother of the child is only 19 and lives with her parents and we expect a battle when her parents learn that she signs as they are very controlling and right now, are acting as the baby's parents. Birth mother has neurological disorders and is overwhelmed by childcare and decision making so my husband has had to make all medical decisions so far. My husband is 37 and he fathers three children with me ages 16, 11, and 8, and he raised my oldest son from a previous relationship who is now 20. He's a very knowledgable and hands on father and is a better parent than the birth mother, but we're afraid if it goes to court, he'll only get visitation, even though he has a stable income, a stable two parent home and siblings, none of which the birth mother can provide. We know that the best thing for the baby is equal time with both parents, but the laws may not agree.
Submitted: 10 months ago.
Category: Family Law
Expert:  Roger replied 10 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 10 months ago.
In order to establish visitation and custody, your husband and/or the mother will have to file a petition in court for these things.
Expert:  Roger replied 10 months ago.
Thus, your husband and the mother can't get a legally binding agreement on their own -- instead, there must be a petition in order to get a judgment or court order.
Customer: replied 10 months ago.
If the the mother's parents influence her to contest a 50/50 agreement, is the court likely to side with the mother? We're documenting everything spent and all visits.
Expert:  Roger replied 10 months ago.
But, if they agree, this should not be a difficult process.
Expert:  Roger replied 10 months ago.
The court desires equal visitation and custody between the parents if at all possible.
Expert:  Roger replied 10 months ago.
So, if there's no reason that your husband should have joint custody, it is likely that the court would award it.
Expert:  Roger replied 10 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Customer: replied 10 months ago.
How do we go about filing a petition?
Expert:  Roger replied 10 months ago.
Your husband would need to file a petition to establish custody and visitation with the family court in the county where the child lives....if they agree to the terms of custody and visitation, a joint petition should be a possible option as well. Your husband and/or the mother would need to consult a local lawyer about filing a petition.
Customer: replied 10 months ago.
Can the age of the child determine whether or not a joint petition can be filed? The child is a newborn and our concern is that the court may not grant equal time if the mother isn't in agreement.
Expert:  Roger replied 10 months ago.
No, the child's age should not matter. The only thing that will matter in regard to the joint petition is if the father and mother agree.
Expert:  Roger replied 10 months ago.
The court can award joint custody regardless of the child's age.....but if the mother is nursing (breastfeeding), the father could expect to have some resistance from the court for overnight stays, etc. until the child gets older.
Customer: replied 10 months ago.
She is breastfeeding, but she supplements bottles. Would that be taken into consideration?
Expert:  Roger replied 10 months ago.
Yes, the court will consider that......but it certainly may be that the judge allows the mother to have all nights for a while -- at least a few months. But, you never know as it really just depends on the preference of the judge.
Expert:  Roger replied 10 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!