Special Custody Issues Associated with a Newborn

 Posted on July 25, 2024 in Family Law

Every divorce and child custody case comes with its own set of complexities, but navigating custody issues for a newborn can be even more challenging. New moms need to be physically close to their newborns for bonding and for the baby's health. New dads also want—and need—to form a parental bond with the new baby. The issue of custody is not straightforward, as the newborn’s feeding schedule, medical needs, and even personality are not really known at this point.

The baby’s needs are paramount and must always be the focus of any custody negotiations. To ensure the baby’s needs—as well as those of the parents—are carefully considered, it can be extremely beneficial to have an experienced Novi, MI child custody attorney guiding you through the process. Your lawyer has the knowledge and skills necessary to ensure child custody arrangements for your newborn work for all those involved.

What Are the Special Needs of Newborns During Child Custody Decisions?

Children of any age can have targeted needs, depending on their ages, educational needs (homeschooling, private school, or public school), daycare status, and extracurricular activities. For newborns, that list can be significantly more detailed. Child custody is usually settled according to the law and the best interests of the child.

For unmarried couples, child custody can only be determined after the birth of the child, while for married couples, these decisions are likely to be made during the divorce. The following issues related to the baby’s development must be considered before custody can be determined:

• Feeding the newborn can be the biggest hurdle to shared custody. Creating a parenting plan that accommodates breastfeeding is certainly challenging, but even babies who are bottle-fed typically eat every few hours. If the parents agree that the mother will pump breast milk and provide bottles of breast milk to the father, both parents need to understand that some babies do not seamlessly switch back and forth between breast and bottle. Provisions for breastfeeding may include the parents being near one another during at least some visitations, although this may not be possible in contentious relationships. 
• Babies benefit from time spent with both parents holding, rocking, feeding, bathing, and playing, which helps form bonds between them.
• Most newborns do not have predictable sleeping or eating schedules, which require flexibility from both parents. If the parents live a significant distance from one another, it becomes more difficult to achieve a smooth transition from one parent to the other.
• Constant disruptions to the baby’s schedule can be unhealthy.
• Babies tend to benefit from shorter, more frequent visits as opposed to long visits with longer absences.

Parents should consider a primary residence for the baby with no overnights until the baby is older, along with visitation schedules that allow both parents to be involved in caretaking tasks. The custody plan developed for a baby should be revisited once the baby is older and has a more "normal" schedule.

How Are Father’s Rights Affected by Newborn Scheduling Issues?

In the past, mothers were usually granted full custody of a newborn, but in recent years, the courts have tried to be more balanced. Even when an initial custody agreement must lean toward a mother, the court leaves the door open for changes once the baby is older. A father filing for sole custody of a newborn is unlikely to receive it unless the baby is clearly in danger from the mother due to addiction or another equally troubling issue. Beyond the logistics of a newborn’s needs, married fathers do have the same right to custody as mothers. Unmarried fathers who have not yet proven paternity have no custodial rights until paternity is definitively determined.

Contact an Oakland County, MI Child Custody Lawyer

When you work with Elkouri Heath, PLC, you will have a strong advocate who listens to your needs and goals. We will work hard to facilitate a reasonable solution to your child custody issues, and while we are highly skilled negotiators, we are also aggressive litigators when necessary. We are proud of the fact that our Northville, MI child custody lawyers have a well-deserved reputation for fully serving the needs of our clients with favorable outcomes. Contact Elkouri Heath, PLC at 248-344-9700 today to schedule a free consultation.