What are the laws regarding child custody of an infant?

UPDATED: Jan 11, 2011

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What are the laws regarding child custody of an infant?

My husband and I may be headed to a divorce. We married in 10/09 and we have a 7-month-old. I’ve been (and remain) the primary caretaker for our son. He still breast feeds almost exclusively. Regarding custody and childcare, I want to know what would happen if my husband and I were to divorce. I want to be sure that my son has the best possible care, so I will remain in this marriage if it means that I would not have the necessary time with my son.

Asked on January 11, 2011 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry for your situation.  The courts generally decide custody issues in the "best interest" of the child.  I know that it sounds vague, but Colorado statutes actually define the terms.  They want to foster frequent and continuous contact with both parents unless one of the parents is a danger to the child.  Now, Colorado also requires a parenting and visitation plan.  Given that you are the primary caregiver and are still nursing, you and your husband can either agree to the visitation or the court will order it.  Your husband will be permitted to have your son for overnight visits if that is what you are concerned about.  And he will have to hire someone to take care of your son if he is permitted weekend or extended visits.  Could you be directed to start bottle feeding?  Maybe at some point in time.  You need to discuss these issues with an attorney in your area.  Each case is decided on the facts that pertain to it but generalities can be given.  Good luck.

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