Father seeking Custody

[lrfm]

I have  a 19- going on 20 yr old son who has a a 17 yr old girlfriend- they have a 1 month old daughter, but recently decided to go their separate ways. considering the age of the mother, the fact that she is still in high school, she doesnt have very much family support- what is the likelihood that my son can obtain physical custody of the child? thanks-

[nnote]

Sorry, but depending on your state law, he may be charged with sexual contact with a minor.

[MomofTwo]

Seriously - now the age of the mother is a consideration to be used against her? Seems someone should have thought of that before.  Prior poster is right...your son, depending on the state, could be in a  whole lot of legal trouble.

Mom's age would not be a reason to take custody from her. 

[lrfm]

17 is the age of consent in our state. so, if the mother is still technically not considered an adult and does not work and is still in school-not to mention a little on the immature side,  would it not make sense to give custody to the father, who can take care of the child financially and emotionally?

[MomofTwo]

No, not at all.  Those are not reasons custody would go to the father.

First, he needs a paternity test to establish legal paternity. Second, if he is the father, he would need to petition the courts for a custody arrangement/child support/visitation.  Being recgonized as the father in many states gives him no rights. He needs to legally establish those rights.   Especially with newborns, it is highly unlikely  he would get primary / physical custody.  He would get joint legal custody which gives him say in the upbringing of the child. 

[ocean]

She is right...They will not take the child away from the mother without neglect issues. Have him file in the courts for paternity and custody. He can ask for 50/50 (half the time) BUT your son will have to be the one to watch/care for him. They probably will start out slow especially with their ages and give him a few hours , few times a week. Then up to to the every other weekend and a day midweek. Depends on your sons work/school schedule (not yours...grandparents really dont have rights when the bio parents are there). 

[CuriousMom]

My son was 3 1/2 months when everything started.  He was of course awarded joint legal but they had him on a step-up plan for about 3 months before the visitation in the temp. order was met and established.  Father was demanding 50/50 but they only awarded him partial.

Here is what we had ordered at his age: 

Week 1 & 2 - 2 hour visit on tues/thurs. 
Week 3 & 4 - 4 hours on tues/thurs.
Week 5 & 6 - 6 hours on tues/thurs
Week 7 & 8 - 8 hours on tues/thurs

The 9th week it went to normal tues/thurs hours from 4-7 pm and then he had one overnight visit for 4 weeks (Fri/Sat).  The 5th week of this schedule he still had his weekly visitation and then the weekends went to a regular alternating weekend schedule (Fri-Sun).