Joint Custody at birth

My wife and I are separated with the intent of divorce. She is five weeks pregnant with our child. I’m assuming as I pose this question that full custody on my end, at birth, is not an option. With that said I was wondering what my chances might be of being awarded joint custody at birth. Her and I are both employed full time. Would both have to have daily day care at the outset. Both make about the same income, etc. Neither of us have any life failings or defencies which would prompt a judge to rule us unfit. So, what are my chances?

Joint custody (i.e. a 50/50 arrangement) is typical, although this varies depending on the county. Based on the information you’ve provided, it sounds like you are both fit parents and likely both capable of custody. However, with a newborn, a joint 50/50 schedule can be less typical because of the necessity for a newborn baby to be with their mother.

When the child is born you can file a custody action if you do not already have custody settled in a separation agreement.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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