Establishing a Custody and Visitation Schedule for an Infant
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 14, 2026
Legal Inquiry
Consumer Legal Issue
I need help with a custody agreement for my 2 month old.
His dad wants him every weekend but I don’t think that’s fair and he’s only 2 months old.
Attorney Answer
For a 2-month-old, having the other parent take him every weekend is unlikely to be considered appropriate under Kansas's best-interests standard — shorter, more frequent visits are generally favored for infants this young.
Kansas Statutes Annotated § 23-3201 directs courts to decide legal custody, residency, and parenting time according to the child's best interests. That standard is gender-neutral: courts look at which parent has actually been handling day-to-day care, not at assumptions about mothers or fathers. For an infant this young, family-law practice generally favors frequent, shorter periods of contact with the parent who has less day-to-day time with the child — for example, a few hours several times a week — rather than long weekend blocks that separate the baby for extended stretches from whoever has been providing primary daily care. As the child grows, parenting time typically expands into longer blocks, including overnights and eventually full weekends.
What you can do:
1. Identify which parent has actually been handling the baby's day-to-day care, since that history matters under the best-interests standard.
2. Propose a graduated schedule — short, frequent contact now, expanding as the child reaches developmental milestones.
3. Put any temporary arrangement in writing so both parents share a clear understanding while a permanent schedule is worked out.
4. Have a local family law attorney draft or review an age-appropriate parenting plan for your child.
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Frequently Asked Questions
What custody schedule is typically appropriate for a very young infant?
In many states, family law practice favors shorter, more frequent periods of contact for infants rather than long weekend blocks, gradually expanding as the child grows.
What standard do courts use to decide parenting time for a young child?
Courts generally apply a best-interests-of-the-child standard, considering factors such as which parent has handled day-to-day care, without favoring either parent based on gender.
Should temporary parenting arrangements be put in writing?
Yes, documenting a temporary schedule in writing is generally recommended so both parents share a clear understanding while a permanent parenting plan is developed.
