Ask A Lawyer: Can I Get Joint Custody When My Child Is Born?

Question:

My wife is pregnant now, and we can not live together anymore. She says that she will agree to joint custody, but not right when my child is born.  Is this fair?  I don’t know what to do.

 

Answer:

Ask an attorney in your jurisdiction for your options.  Some states allow a custody (including parenting time) action to proceed without the necessity of filing for divorce or legal separation; some states require a divorce or legal separation action in order to address custody or parenting time.

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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