Shared custody means that both parents will take turns with having the child living with them; the time share need not be equal - for example, one parent can have the child most of the time, with the other parent having alternating weekends; or the parents can rotate weeks. That is just a couple of examples.
In order to get a custody order, paternity must have been established by a court or affidavit (at the hospital usually; or shortly after birth). Once the paternity is established the father can then petition the family court for custody. The court will look to the best interests of the child.
Such factors in determining the best interests of the child are:
The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
The age and physical and mental condition of each parent;
The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life and the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;
The role that each parent has played and will play in the future in the upbringing and care of the child;
The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;
Any history of family abuse or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
Such other factors as the court deems necessary and proper to the determination.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.