New Dad, Angry Mom, Baby in the Middle

[GottaGo]

What is the name of your state (only U.S. law)? MD
Hello. I am writing this post on behalf of my bff, since I have used this formum before and she is unfamiliar with it. I will try to make a long story short.
BFF and her husband separated, husband had a relationship, broke off relationship and reconciled with wife, finds out woman from relationship is pregnant.
BFF and husband back together, woman has baby, husband requests paternity test. Has had very little interaction with baby since birth in Aug 2011, but did go to hospital for birth and gave ~$500 to mother for expenses in December 2011.
Husband and mother have date with mediator in February to discuss child support and date in court in April to determine custody/visitation.
Yesterday, 1/25/12, test results come back and it is determined that the child is his.
Husband tries to contact mother to visit with baby. Mother will only allow 1 hr supervised visitation at her convenience.
Baby is already 5 months old. By the time April comes baby will be 8 months old. That is a long time to wait to begin a relationship with a child.
Does husband have any recourse? Can he apply for a temporary order? Or will he have to just take whatever mother decides is good until April?
Thank you.

 

[Antigone*]

What is the name of your state (only U.S. law)? MD
Hello. I am writing this post on behalf of my bff, since I have used this formum before and she is unfamiliar with it. I will try to make a long story short.
BFF and her husband separated, husband had a relationship, broke off relationship and reconciled with wife, finds out woman from relationship is pregnant.
BFF and husband back together, woman has baby, husband requests paternity test. Has had very little interaction with baby since birth in Aug 2011, but did go to hospital for birth and gave ~$500 to mother for expenses in December 2011.
Husband and mother have date with mediator in February to discuss child support and date in court in April to determine custody/visitation.
Yesterday, 1/25/12, test results come back and it is determined that the child is his.
Husband tries to contact mother to visit with baby. Mother will only allow 1 hr supervised visitation at her convenience.
Baby is already 5 months old. By the time April comes baby will be 8 months old. That is a long time to wait to begin a relationship with a child.
Does husband have any recourse? Can he apply for a temporary order? Or will he have to just take whatever mother decides is good until April?
Thank you.

Until there is an order in place dad is at mom's mercy.

 

[Ohiogal]

What is the name of your state (only U.S. law)? MD
Hello. I am writing this post on behalf of my bff, since I have used this formum before and she is unfamiliar with it. I will try to make a long story short.
BFF and her husband separated, husband had a relationship, broke off relationship and reconciled with wife, finds out woman from relationship is pregnant.
BFF and husband back together, woman has baby, husband requests paternity test. Has had very little interaction with baby since birth in Aug 2011, but did go to hospital for birth and gave ~$500 to mother for expenses in December 2011.
Husband and mother have date with mediator in February to discuss child support and date in court in April to determine custody/visitation.
Yesterday, 1/25/12, test results come back and it is determined that the child is his.
Husband tries to contact mother to visit with baby. Mother will only allow 1 hr supervised visitation at her convenience.
Baby is already 5 months old. By the time April comes baby will be 8 months old. That is a long time to wait to begin a relationship with a child.
Does husband have any recourse? Can he apply for a temporary order? Or will he have to just take whatever mother decides is good until April?
Thank you.

Recourse? He could ask for a temporary order but quite frankly he is lucky to be getting the 1 hour of supervised visits. This is what happens when you have a baby out of wedlock. Mom doesn't have to allow ANY visitation without a court order.

 

[GottaGo]

Thanks, OhioGal and Antigone.

Are you saying that because they were not married that dad has no rights?
All rights go to mom until court says otherwise?

 

[Antigone*]

Thanks, OhioGal and Antigone.

Are you saying that because they were not married that dad has no rights?
All rights go to mom until court says otherwise?

Yep...

 

[AkersTile]

Thanks, OhioGal and Antigone.

Are you saying that because they were not married that dad has no rights?
All rights go to mom until court says otherwise?

Pretty much. Yup that's how it works. Mom is automatically assumed to be Mom. Dad has to prove that he is Dad, then file for rights, in order to get them. Dad's best bet is to be nice to Mom and visit with kiddo whenever Mom allows it until court ordered visitation is in place.

 

[GottaGo]

Wow. That stinks.
I guess he has 3 months of puppetry to look forward to.

Thank you for your input.

 

[GottaGo]

But...one more question, Ladies...

Under what circumstances would he be advised to file a temporary order?
Are you sure he couldn't apply for one now?

 

[Antigone*]

Wow. That stinks.
I guess he has 3 months of puppetry to look forward to.

Thank you for your input.

There would be no puppetry had he kept his puppet in his pants.

 

[AkersTile]

But...one more question, Ladies...

Under what circumstances would he be advised to file a temporary order?
Are you sure he couldn't apply for one now?

Since paternity has already been established, I believe he can file for a temp visitation order now that will stay in effect until the final CO is ordered. I may be wrong about that, and someone will correct me if I am.

 

[AkersTile]

There would be no puppetry had he kept his puppet in his pants.

Glad I swallowed my smoothie BEFORE reading that or I would have been cleaning the screen

 

[GottaGo]

Antigone - not helpful. true perhaps, but irrelevant at this point.

Anyone have ideas as to whether or not AkersTile's point is valid?

 

[Antigone*]

Antigone - not helpful. true perhaps, but irrelevant at this point.

Anyone have ideas as to whether or not AkersTile's point is valid?

It is very relevant. He has to deal with the consequences of his actions. If he wants legal rights to a child from the get go, then creating a child of the marriage is the only way to make that happen. Otherwise, he is going to be a puppet.

Akers is right on.

 

[mistoffolees]

It is very relevant. He has to deal with the consequences of his actions. If he wants legal rights to a child from the get go, then creating a child of the marriage is the only way to make that happen. Otherwise, he is going to be a puppet.

Akers is right on.

The other relevant fact is that BFFs do not have any say in the matter and should really mind their own business.

 

[Zigner]

Dad has a court date in April. There is no emergency, thus not need for an earlier hearing.