Asked in Family Law and Child Custody for California

Q: Husband asking 50/50 custody of our 18 month old son and newborn daughter. What's the best parenting plan for them?

Soon to be ex husband moved out of the house 4 months ago. He lives with his cousin, she is married with 3 kids and is currently pregnant. He works night shift 6 night per week. He is asking for 50% of the custody of our 18 month son and newborn daughter but I feel they are too young. What would be the best plan for them? And if overnight visitation is granted, will my son and daughter be separated?

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1 Lawyer Answer

A: You are correct that the children are much to young. Medical studies have demonstrated that it is not in the best interests of children that are still in their developmental years (younger than 6) to be forced to sleep overnights away from the home and bed they are accustomed to. What would be the best plan for them is something that a medical professional should address. It sounds like he has already filed for a hearing to have the court order overnight visitation. If he has, you need to be sure and file your written response timely. I recommend that you retain experienced legal custody to protect your rights and the rights of your precious babies.

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