How much parenting time should I be happy with?: My ex just had our daughter just over a week ago. We both signed a voluntary acknowledgment of paternity so I am her father on her birth certificate. We agreed on me coming to my ex's house every other day, did not specify a time limit, and I saw her 3 out of 7 days last week. The first day I saw her for 3 hours but that was because my ex had a doctor appt to go to and I didn't mind. The second visit was 5 hours and the third she told me I can only stay for 3 hours and that's how long she wants me there everytime I come. I am frustrated because half the time I'm there she's breast feeding our daughter, so really I only get 1 1/2 hours with my daughter out of a 3 hour period. Is this a generous amount of time or should I be pushing for more with the court or mediation?
Mark’s answer:
Congratulations on the birth of your daughter. Though the circumstances are not ideal, litigating parenting time right now is not the best course of action. I don't know all of the facts and circumstances of your relationship with your ex, but you can consider asking your ex what you can be doing to support her while she recovers from giving birth as there are probably meals that need to be prepared, laundry to be cleaned and shopping to be done.
There is an excellent parenting time guide published by the State of Arizona that discusses what a child's needs are as they grow and develop, as well as what to do to benefit the child and what to avoid so that the child is not harmed. Here is the link http://www.azcourts.gov/portals/31/parentingTim....
Also, understand that you will have a cash child support obligation going forward.
Be supportive. You do not want to create conflict at this time, and making demands will most likely lead to conflict. You and your ex will be in a relationship for the next 18-21 years. Be a loving parent and your parenting time should increase over the next several years as your daughter grows.
Is it fair to say that a custody modification will be allowed if the mother was found to have had pot and pipes in house?: Will father win custody over this and mother be deemed unfit? They had joint custody but he now asks for full saying that she is unfit by the findings as well as her current boyfriend being a past convicted felon. Will she likely loose all parenting rights with limited visitation now?
Mark’s answer:
You need to consult with an attorney to discuss your case in more detail. Evidence of drug use is generally not a good thing, but just having marijuana and pipes alone is likely not enough to change custody. Does she have a medical marijuana card? Does she use it in front of the children? How often does she use it? Do the children have access to the marijuana? These are questions that need to be answered.
Also, as to the boyfriend you don't explain what he was convicted of. If he is a convicted child molestor, then the court would care about that. If it was a white collar crime, then it may not be as important.
Have FAPA for one year, husbands attorney scheduled show cause without proper notice.: I just met/hired an attorney who says they are appearing to reschedule show cause hearing to next month, simultaneously conveyed exs offer to accept 1 night a week and 2 afternoons, instead of the 50/50 previously demanded. Seems to me the whole point of a FAPA is nil if he is given unsupervised parenting time. He wants sole custody and no spousal support. The offer is just a toe in the door to getting the protective order tossed. Should I find a different attorney?
Mark’s answer: If you feel that your attorney is not representing you adequately, you should consult with another attorney to get a second opinion. It sounds like you obtained a FAPA in the past and are now in the process of modification. There are many parents who have FAPAs against them who still have unsupervised parenting time, but without knowing more about your case, I can't say whether his request is reasonable.