Custody and Visitation of a Newborn

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Custody and visitation issues often arise when a couple separates or divorces. Questions like, Who should my child live with? How often can I visit my child? are common. These questions become especially challenging when your child is a newborn or infant. Infants have unique developmental and attachment needs compared to older children, and these must be considered when creating a custody and visitation schedule.

Newborns and Infants: Special Developmental Needs

Newborns and infants are at a critical stage in their development. During this time, they are forming primary attachments—typically to their parents or guardians—and learning essential social interactions. The formation of these bonds is crucial to a child’s psychological and emotional development. Therefore, establishing a consistent custody and visitation routine that promotes a sense of safety and security is essential.

A recent study from the University of Virginia found that infants who spend one night per week away from their primary caregiver develop less-secure attachments compared to infants who have no overnights or only see the non-custodial parent during the day.

Five Recommendations for Newborn and Infant Custody Arrangements

Based on the study’s findings, here are five key recommendations for working out a custody and visitation schedule for your newborn or infant:

  1. Avoid “Once a Week” or “Every Other Weekend” Schedules: These standard visitation arrangements may not be suitable for newborns or infants, given their developmental needs.
  2. Delay Overnight Visitations: Hold off on overnight visits until your child is no longer an infant. Instead, encourage frequent day-time visits with the non-custodial parent to foster a relationship without disrupting attachment to the primary caregiver.
  3. Consider a “Step-Up” Custody Schedule: Plan a gradual increase in visitation frequency and overnight stays as the child grows older and can better handle longer periods away from the primary caregiver.
  4. Don’t Worry About Perception: If you are the non-custodial parent, know that not having overnight visitation rights during infancy does not diminish your role as a parent. Always prioritize what is best for your child’s development.
  5. Know That Custody Arrangements Can Be Modified: Any custody and visitation arrangement established for a newborn or infant can be modified by the court as the child grows older and their needs evolve.

Need Legal Assistance?

Whether you are the custodial or non-custodial parent of a newborn or infant, an experienced family law attorney can help you negotiate a visitation arrangement that serves your child’s best interests. If you have a custody or visitation issue, the family law attorneys at DiPietro Law Group, PLLC are here to help. Call us today at (888) 530-4374 for a consultation.