| wcaz |
| (recently joined) |
| 05/11/11 06:46 PM |
Overnight Visitation
|
Hello ... I live in NY State. My wife and I are currently separating (mutual decision). We have decided to get a separating agreement. My issue is that my wife will not let our daughter have overnight visits with me until a time/age that see feels will be acceptable. My daughter will be 2 years old in August. Is this normal ... because it doesn't seem right to me. Years could go by ... until she "decides" its ok. This is very important bonding time. Do I need to drop this whole separating agreement and contact a lawyer ... what are my rights? FYI ... I have been very involved in my daughters life from birth till now.
HELP!
| DedicatedDad |
| (veteran) |
| 05/11/11 06:47 PM |
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Re: Overnight Visitation
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YOU NEED A LAWYER YESTERDAY.
Get the message?
| gr8Dad |
| (Carpal \'Tunnel) |
| 05/11/11 08:41 PM |
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Re: Overnight Visitation
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You do not want ANYTHING in the order that lets HER decide what YOUR rights are.
| finz |
| (Carpal \'Tunnel) |
| 05/12/11 01:31 AM |
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Re: Overnight Visitation
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[quote]YOU NEED A LAWYER YESTERDAY.
[/quote]
Yup !
| SRS |
| (Pooh-Bah) |
| 05/12/11 05:05 AM |
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Re: Overnight Visitation
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THis is YOUR child. Go for 50/50 custody and nothing less.
DOn't move out and leave your child like that.
| Buckeye |
| (Carpal \'Tunnel) |
| 05/12/11 06:26 AM |
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Re: Overnight Visitation
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You need an attorney yesterday.
Then, go for full custody - see how your STBX likes "you" deciding if she can visit or spend the night.
Minimum I would do is 50/50 custody. This is the time to get the most you can because it is much harder to do once "status quo" and been set.
| MrsB |
| (Carpal \'Tunnel) |
| 05/12/11 08:31 AM |
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Re: Overnight Visitation
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I am not sure what the laws are in NYS - but here, 50/50 is becoming the norm and overnights are a normal part of the visitation order for both parents - unless there are special circumstances. Unfortunately - there are a couple of counties in my state who don't allow overnight visitation with the NCP until the child is 5 years old unless the CP agrees - which I personally think is BS.
You absolutely need to get an attorney and find out what your rights are and fight this.
| nursemom |
| (enthusiast) |
| 05/17/11 08:09 AM |
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Re: Overnight Visitation
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I live in NY and when my ex and I separated the judge was not in favor of week on, week off for 50/50 because my youngest was 2 at the time and he stated "that is a very long time away from mom when you are 2 years old". However, we agreed to a 5/2/2/5 split of parenting time which the judge was agreeable with. I agree, get a lawyer now so that your wife doesn't have "status quo" on her side.
Who lives in the marital home? My brother has full custody of his daughters - but his wife left him and the marital home...
Best of luck to you.
| Cassie23 |
| (Carpal \'Tunnel) |
| 05/20/11 04:28 PM |
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Re: Overnight Visitation
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Actually I think NY is changing a bit (at least in some areas). I know of TWO different people who now have 50/50 shared custody with CS going to the person who makes less, at a small percentage like 7 or 8%. As ordered by the courts and NOT agreed upon.
I do believe 2 seems quite young to split a 50/50 timeshare... However I like the OP above suggestion on a time share split. I don't see why you shouldn't be allowed overnights. That's ridiculous.