Visitation NYS

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Zchez718

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I'm not an unreasonable man and I would never dream of keeping my daughter away from her mother or her mother's side of the family. Unfortunately I can't say the same for her. She has this notion that I'm only entitled to 2 days a week with my daughter and refuses to let my daughter spend any extra time with me. What's worse is that when she does have the baby she usually leaves her with her mother or the sitter when I fight every week for an extra day. She'd prefer to leave our daughter with her parents than to let me be with her. I know no court is going to rip a little girl away from her mother but I'm the more rational level headed person in the picture. All I want is to be an equal parent with equal parenting time. What are the chances of me getting equal visitation?
 
Yes paternity has been established. And I'm not asking for advice as far as what steps to take or insight as to what the proper procedures are. I'm asking what is the likelihood that going to court would help my cause.
 
It's practically guaranteed that you won't get a 50/50 timeshare.

You need to file for joint legal custody, and an enforceable parenting plan.

How long has this schedule been going on?
 
I think you guys are missing the point. I know we don't have an enforceable agreement. My question is in your experience are fathers ever granted more that just weekends for visitation? If that's the case I'd save everyone some headaches and just accept that agreement now, even thought that would be difficult to accept. I'm trying to gauge the likelihood that the courts would allow me to be more than a weekend dad.
 
Cases vary but yes its possible (depending on circumstances) you could gain more time than weekends. No one can accurately tell you yes or not absolutely
 
Zchez718 said:
I think you guys are missing the point. I know we don't have an enforceable agreement. My question is in your experience are fathers ever granted more that just weekends for visitation? If that's the case I'd save everyone some headaches and just accept that agreement now, even thought that would be difficult to accept. I'm trying to gauge the likelihood that the courts would allow me to be more than a weekend dad.
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Typically, the NCP gets every other weekend and one night per week.

You've got to think of the child - a 50/50 timeshare is generally not recommended for a small child.
 
Zchez718 said:
I'm not an unreasonable man and I would never dream of keeping my daughter away from her mother or her mother's side of the family. Unfortunately I can't say the same for her. She has this notion that I'm only entitled to 2 days a week with my daughter and refuses to let my daughter spend any extra time with me. What's worse is that when she does have the baby she usually leaves her with her mother or the sitter when I fight every week for an extra day. She'd prefer to leave our daughter with her parents than to let me be with her. I know no court is going to rip a little girl away from her mother but I'm the more rational level headed person in the picture. All I want is to be an equal parent with equal parenting time. What are the chances of me getting equal visitation?
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Your answer lies in a court room, not with the mother.

You won't get 50% time as long as the child is an infant.

As the child grows, your time can be increased.

When the child starts school, many parents achieve a 50/50, 64/40 split.

The mother has influence while the child is a baby, but that wanes, if you've been a good dad.

Consult an attorney and discuss your options.

Each case is different, but it all depends on the courts where you (or the child) resides.
 
Zchez718 said:
I think you guys are missing the point. I know we don't have an enforceable agreement. My question is in your experience are fathers ever granted more that just weekends for visitation? If that's the case I'd save everyone some headaches and just accept that agreement now, even thought that would be difficult to accept. I'm trying to gauge the likelihood that the courts would allow me to be more than a weekend dad.
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With a child that young it is common for mom to have the child most of the time. However, if you are able to show that you were already enjoying a near 50/50 share and there were no issues then perhaps you can get a little more than someone that had not yet been having any visitation at all.

Regardless of what you think you might get out of visitation right now, it would be in your best interest to establish the custody/visitation now so that something is in place as the child gets older. You will periodically have to go back to court to modify the order as circumstances change, but that is better than having no order at all.

With no order in place there is nothing stopping either of you from doing anything. Getting the order would be a great help to you if mom should try to pack up and move away suddenly as well. There really is not a good reason for you to not get the order from the court.
 
Well considering I get the baby every weekend wouldn't the downside to trying to secure custody be possibly getting every other weekend instead? Or will the court be more likely to keep the arrangement as is?
 
Zchez718 said:
Well considering I get the baby every weekend wouldn't the downside to trying to secure custody be possibly getting every other weekend instead? Or will the court be more likely to keep the arrangement as is?
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You're asking for a specific, discrete answer. That is NOT possible, as every case is different, and results vary by jurisdiction, forum, and venue. Visitation arrangements between Jack and Jill in Kokomo, won't equate (or translate) to visitation arrangements between Buster and Bunny in Kalamazoo.

Again, you require the services of an attorney in your county, or the county where the child resides. Make an appointment with two or three family law attorneys and discuss your situation, share your concerns, and chart your course. The initial consultation is provided gratis. You get what you pay for, and the information given to you here is FREE. Free, as in not necessarily applicable to your specific situation.
 
I'm looking for advice from people that have been through the situations such as these. Clearly I understand none of you is the judge that would hear the case. Clearly a lawyer needs to look over this for me. I'm simply asking if anyone has ever been in my situation before and if you have plz share your experience. There's plenty of other factors that go into this obviously. I'm not oblivious to that. But thank you for those shared your experiences.
 
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