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AttorneyTom, Lawyer
Category: Family Law
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Experience:  Attorney
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I have a divorce that was finalized in february of this year.

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I have a divorce that was finalized in february of this year. I am unemployed and have a 8 month old with my ex husband. We have already arranged a time sharing schedule and now he wants more time with our son even though he never sees him working a full time schedule now. He's asking for me too see my 8 month old one might a week and every other weekend for a month and a half. I don't agree to this. I just found out he's filing a motion. If we litigate, will a judge award him this if I can some how prove he is never with his son when he takes him? Or does that not matter? Will a judge allow me to be away from my 8 month old for so much time for a month and a half? And will the judge award me my attorneys fees since he is working and is filing the motion? I want the schedule for summer to remain the same until he is old enough to attend school. What can come of this?? Please someone answer all these questions...
Submitted: 5 years ago.
Category: Family Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
It's impossible to predict the outcome of a custody/visitation matter. That said, the court is supposed to make the decision based on the best interests of the child. If it can be shown that he's not even using the visitation time he's been awarded and that someone else is caring for the child during that time, the court may be unwilling to expand his visitation. Upon your request and upon a determination that you cannot afford to pay your attorney's fees, the court has the authority to order him to pay your attorney's fees and associated costs.
With a very young child, courts or more likely to approve short but regular visitations. Overnight visitation is not especially common with a very young child, but the court may approve shorter visits a couple of nights a week. That sparse visitation won't generally last until the child starts attending school, and it will generally be gradually increase as the child gets older, with longer visitations taking place and overnights being phased in as the child becomes older and less reliant on the custodial parent specifically.
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