When Should A Father Have More Rights?

[YoungStepmom]

What is the name of your state? California

My Husband has a daughter who is 13 months old. He had to take the mother to court because she refused to let him be apart of his daughter's life because he would not be with her (the child is a repercussion of a one night stand). At court, the mother refused to have visitation where my husband could take his daughter out of the mother's home. It has now been a year, and he is able to take her back to court, but he's not sure if the courts are going to grant him what he wants. Because his first time at court the lady (I don't know what role she was, not a judge and not a mediator), told my husband that he couldn't be picky, that he had to take what the birth mom would give him. So he settled for way less then I know he could have gotten if he had taken it in front of the judge, and showed the judge some things. Now, he wants to be able to have the child while the mother is at work. Is this too much to ask for? Should he try to ask for more, and if needed, negotiate smaller? But now that the child is 13 months old, wouldn't it be okay for her to stay a few nights at our home? Like every other weekend and such?

 

[Shay-Pari'e]

What is the name of your state? California

My Husband has a daughter who is 13 months old. He had to take the mother to court because she refused to let him be apart of his daughter's life because he would not be with her (the child is a repercussion of a one night stand).Doesn't matter.

At court, the mother refused to have visitation where my husband could take his daughter out of the mother's home.The mother may have refused but the judge made the orders. What were they?

It has now been a year, and he is able to take her back to court, but he's not sure if the courts are going to grant him what he wants. Because his first time at court This is not the first time in court, stipulated in your own post.

the lady (I don't know what role she was, not a judge and not a mediator), told my husband that he couldn't be picky, that he had to take what the birth mom would give him. So he settled for way less then I know he could have gotten if he had taken it in front of the judge, He did though, by admission of your own posting.

and showed the judge some things. he wants to be able to have the child while the mother is at work. Is this too much to ask for? Should he try to ask for more, and if needed, negotiate smaller? But now that the child is 13 months old, wouldn't it be okay for her to stay a few nights at our home? Like every other weekend and such?

Get a attorney.

 

[snostar]

No one has to settle for what the other party demands, he definitely needs an attorney.

 

[mary wren]

When should a Father have more rights

In Alabama the Judges like for a Father to not let the child spend the night until after 2 years old. So I did some research and when my Grandson was taken to court for child support (also one night stand with mom) We proposed to the court--until child was 2 years old-He would get her TUE-THURSDAY night from 5-8-everyother SATURDAY 10AM--5PM.
Then after 2 everyother weekend still tuesday and thursday. Father days 5-8pm
Her Birthday 5-8 pm. Odd years He gets her Christmas eve 6pm till Christmas Day at 12pm. Then even years Christmas Day 12pm till 5pm. Then 2 weeks in June. Hope this helps

 

[YoungStepmom]

Originally Posted by YoungStepmom
What is the name of your state? California

My Husband has a daughter who is 13 months old. He had to take the mother to court because she refused to let him be apart of his daughter's life because he would not be with her (the child is a repercussion of a one night stand).Doesn't matter.

At court, the mother refused to have visitation where my husband could take his daughter out of the mother's home. The mother may have refused but the judge made the orders. What were they?
- It wasn't up to the judge, because they decided on visitation outside of the courtroom with this lady. She might have been a facilitator. So therefore, the judge had no say in what was decided, he just told them that he was happy that they didn't have to appear in front of him. so what the birth mother had told my husband what he could have, and nothing more, he agreed to it. Half hour visitation 3 days a week. Not much at all.

It has now been a year, and he is able to take her back to court, but he's not sure if the courts are going to grant him what he wants. Because his first time at court This is not the first time in court, stipulated in your own post.
- I never said they went to court more then once. They've been to court once, and he is able to opent he case again now.

the lady (I don't know what role she was, not a judge and not a mediator), told my husband that he couldn't be picky, that he had to take what the birth mom would give him. So he settled for way less then I know he could have gotten if he had taken it in front of the judge, He did though, by admission of your own posting.
- He did what? Take it in front of the judge. I never said that. He was told that he couldn't be picky, and should take what the birth mom was going to give him.

 

[AnswerMeNOW]

How Sad

It's just pathetic that some parents need to be so anal about things. "The dad can only see this child from this time to this time", etc. Good Lord!

It's even more pathetic women who have a one-night stand and get pregnant and get all bitter (vengeful) about it and go for child support but yet refuse the biodad to see their child.

Child support laws REALLY need to be changed. But in Ohio, they're going to be shaken up soon. The guy I was with is working on it right now.

 

[lonelyandsad]

what a selfish witch

its not about the mother,its about the child.he has a right to be in his childs life,no matter how the mother feels about him.if she had her way,he wouldnt be allowed to see the child at all.its time she started thinking of her child instead of herself,stop being vindictive and spiteful.do whats in this childs best interests.

 

[stealth2]

The long and the short of it is that your husband NEEDS to speak with an attorney. He agreed to the current visitation, regardless of the circumstances. He's shown that he's unable to stand up for himself - therefore he needs someone to do so for him.

 

[Chelle0511]

The long and the short of it is that your husband NEEDS to speak with an attorney. He agreed to the current visitation, regardless of the circumstances. He's shown that he's unable to stand up for himself - therefore he needs someone to do so for him.

~I agree. Your husband could petition the courts and attend pro se. However, he must be extremely educated and familiar with the procedure. My fiance' went to court this week pro se on extending visitation and got most of what he asked for, however I know that if there were an attorney there to prompt and argue, we would have gotten alot more. He(my fiance') is a softy and your can't go to court and be "soft". As long as your husband does not do anything illegal or immoral I would think his chances of overnight visits would be good. It's definately worth a try, that baby is just as much his as it is hers and that is the least that he deserves!