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Custody And Visitation

14 posts on this thread and the last post was on August 9th, 2006 11:38 AM
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mandie - July 11th, 2006 11:07 PM
[Original Post]

I live in New York state, so those are the laws I'm curious about. I am currently 21 weeks pregnant with my first. My ex is no longer involved. He has 2 other children (no court arranged support or visitation, just an agreement between the mother and him). He makes, on average between $90,000 and $100,000 a year. I plan to take him to court for support, as he refuses to help me now, so I know I'm going to have to fight. The problem is, I'm concerned with how visitation is going to go. He lives four hours from me, and doesn't really care about this baby, all he cares about is winning and being right. He isn't helping me out (he told me that until I prove to him I respect him and I "sell him" on why he should help me, I won't get any money), but he tells me whenever we talk that he WILL get his visitation, and he WILL get his own way, because he ALWAYS wins. I really don't want him to get visitation at all, but I know that won't happen. At the very least, I want visitation to be supervised. I don't trust him at all. He's threatened twice to commit suicide, and then later says he doesn't mean it and it's my fault, because I make him so mad that he says stuff he doesnt' mean. He doesn't take care of his other two on the weekends that he has them. They're 7 and 8. If they don't want to take a bath, they don't have to. If they don't want to do their homework, he doesn't make them. They are both inactive and overweight. Once when we were still together, we had them for the weekend. I was 7 or 8 weeks along and sick out of my mind. He claimed that he had food poisoning that day. One of the kids went up to him and asked what was for dinner. He said, "nothing." If I hadn't gotten up and fixed them something, they wouldn't have gotten fed. I REALLY don't want to have to drive every other weekend to hand over my son to be taken 4 hours away from me, where I don't even know that he will be taken care of. He can't get off his ass for anything. He watches t.v. ALL DAY and ALL NIGHT when he doesn't work. ( could that be why he's 5 foot 8, maybe 9 and weighs 240 pounds??) What if he can't be bothered to take care of his son's needs? Right now the ass is in Vegas again. He was there in April, and lost around $4,000. God only knows how much he's lost this time. But he can't send any money my way to help out with expenses like crib, carseat, etc, because I haven't "sold him" on why he should help me. How about because you fathered the child, ASSHOLE?!?!? Sorry, this turned into quite a long vent. Anyway, if anyone knows about NY laws regarding custody and visitation, please let me know. I plan to get a lawyer, but I'll take all the info I can get!! Thanks.


mandie - July 13th, 2006 12:58 PM

Anyone?


Been There - July 13th, 2006 8:00 PM

I don't know about NY specifically. I live in NJ. In NJ, if you take the other parent to court for support and tell them during that court hearing that you have a problem with visitation, they usually make the other parent file separately for visitation. The only way they will usually set up an arrangement in child support court is if you both agree to discuss it. I think if this man really cares about seeing his child, he should care about being sure things are ready for his child. For instance, I would keep track of the fact that he refuses to help with anything and bring that up in court. I would think it shows what type of "caring father" he is. Also, you can ask for the supervised visitation. I doubt you'll have to worry about the custody if you bring up the supervised visitation. It's so stupid to say he wants to see his child, yet need to be "sold" on why he should help you. How ridiculous!! Save any written and verbal proof (e-mail, voicemail) he may have left you that is helpful to your case. Sorry, I don't know about the laws, so maybe the lawyer can help. Good luck. I hope things work out for you.


sonotec75 - July 13th, 2006 10:07 PM

Mandie...I live in TX so I don't know NY family codes. Try going to google and looking up NY family codes on visitation.



mandie - July 13th, 2006 11:28 PM

Thanks, ladies. I do keep track of emails, but they don't happen often. I write down every time we talk, the dates, what he says, etc. I know that it's still my word against his, but documented may help...


slowpoke01 - July 25th, 2006 11:02 AM

go to wal mart and buy one of those little tape recorders that you can hook up to the receiver on the phone whenever he calls that way you will have recorded everything that he says. hope that helps some


mischelly30 - July 25th, 2006 12:01 PM

Mandie, you should talk to a family lawyer. They usually give you a free consultation and can tell you what your options are and what to expect. Also, I might be wrong on this because I don't live in NY and don't know NY law, but I am not sure if a voice-recorded conversation will hold up in court unless it was obtained with consent, or at least the other party's awareness. So, in any case, I think you need to talk to a lawyer. I wouldn't worry too much about visitation, at least not immediately. Here in CA, if you breastfeed, the courts usually require visitation to occur in your home for quite a few months and only for short periods of time. Then, they build up to extended visits, visits where the child can be removed from the home, and (when the child is old enough), overnight visits. Any number of things could happen before it gets to that point...he could jet, he could improve his parenting skills, you could gather additional "evidence" as to why supervised visitation is allowed, etc. Talk to a lawyer, and just take one step at a time. Good luck.


mandie - July 27th, 2006 11:59 AM

Thanks, ladies. I appreciate the responses.



samaya - July 27th, 2006 11:05 PM

Been there,
You said you live in NJ. I do too. I'm a single mom of 1.5 year old boy. What is your situation. I'm looking for a friend in NJ! Thanks


tryinghard - July 30th, 2006 4:49 PM

I feel you on this subject so much right now, i mean every detail is not the same but we have a lot of similiarities going on......Im 22 weeks, and going thru somethg very similiar....would like to chat with you...kahmeelyin@aol.com


April - July 31st, 2006 9:53 AM

I'm thinking NY laws might be similar to PA's, but I'm not positive. I live in PA, VERY close to the NY border. Being that your baby will be an infant of two unwed parents, they usually start out with a step-up visitation plan. Meaning he will have to visit the baby in your home for a few months.... especially if you plan to breastfeed because they recommend that you don't pump right away until you get your milk established (my doctor didn't want me to give my baby a bottle until 6-8 weeks). You obviously can't detach your breasts and send them 4 hours away, so your ex would have no choice. For the best advice on this subject, though, I would go to www.childcustody.org and go to the "child custody" and "child visitation" discussion forum links on the left hand side. Tell them about your problem in there, they are VERY helpful and VERY knowledgable. I'm sure they could help you figure this out. Whatever happens... GOOD LUCK!


mandie - July 31st, 2006 10:45 PM

Thanks again, girls. I do plan to breastfeed, so that's another thing in my favor. Do you know if it makes any difference if the father has no crib/bassinette, or any other things baby needs in his house? Probably a silly question. Ideally, I'm hoping he'll just decide not to make an issue out of the visits. His other 2 are an inconvenience to him, so maybe a newborn will be more than he's willing to take on.


mandie - July 31st, 2006 10:46 PM

Oh, and April, I live in NY very close to the PA border. How funny. I live on the far west side, towards Ohio. How about you?


April - August 8th, 2006 11:27 PM

Hi mandie.. I live sort of towards the middle of the state.. at the top. Very very VERY small town.. haha. Him not having a crib/basinet won't make a difference because that is something he can go out and buy... he probably won't be having overnights for a long time anyway. I think they wait until the child is a year old before they start those. I would just not worry about it until the time comes because you may be right... he may just think it's too inconvenient to deal with visitation of an infant and forget about it.


mandie - August 9th, 2006 11:38 AM

I can only hope. I hope that it doesn't make me sound like a b***h, because it's not like I necessarily want to keep them apart, but I'd rather my son have a really good STEP father figure in a few years, rather than a sucky biological one. Any guy can be a father, but it takes a man to be a dad. He doesn't want to be a dad, he just wants to be right and in control. One "oops!" and you have a lifetime of headaches. I wouldn't give my baby back for anything, but I WOULD change the circumstances and other half of his chromosomes...