QUESTION
I am 7 months pregnant and unmarried to the babies father. He is pushing for me to sign a "parenting plan" before the baby is born.
Asked on Feb 03rd, 2016 on Family Law - Florida
More details to this question:
He is demanding over night visits starting @ 8 weeks. I have tried to explain to him that is not feasible, at such a young age and because I will be breast feeding. I have told him in no uncertain terms that it is important he establish a bond with her and I will have an open door policy for him to come anytime, I have offered for him to stay in a guest room if he wants to be with her @ night. However, OVER NIGHT is not conducive to establishing a routine and giving a newborn a sense of security. I am in no means wanting or trying to keep him from the baby. He keeps telling me his lawyer said that overnight visits at that age will be granted. I am so stressed out about all of this it is effecting my health. Do you think it is likely a judge will agree with taking a newborn away from her nursing Mom?
2 ANSWERS
First and foremost, because you are unmarried, until the Father established paternity via court action he has no rights to the child, and you are the sole custodian of that child. However, since he has an attorney he is probably planning to file the paternity case as soon as the child is born, and submit the parenting plan to the court.
The Father has the right to establish a bond with the child as well, and what he is proposing in not unreasonable, considering that you can pump the milk and/or use formula to supplement feeding. These overnights should not be long but should be frequent for the father to establish a relationship with the child. I believe the judge would agree with his argument.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Feb 04th, 2016 at 8:58 AM
Family Law Attorney serving Boca Raton, FL
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The Law Offices of Robert L. Bogen, P.A.
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Since you are not married to the baby's father, you are the sole natural guardian of the baby (upon birth). The father has no parental rights, even if he is undisputedly the father and/or on the birth certificate, until he goes to court and an order is entered that awards him parental and timesharing rights. Until such an order is entered, any timesharing he enjoys is by your grace. Once he goes to court and seeks the establishment of parental and timesharing rights, the court will weigh numerous considerations and determine the amount of parental and timesharing rights the father will be awarded. The polestar consideration for the court is the best interest of the baby. The age of the infant child is among the many factors that the court will consider. The points you raise in your question are all valid and relevant considerations for the court. Whether the court would award overnights to the father of an 8 week old infant who is breastfeeding, and if so, how frequently, will depend upon the evidence presented and whether or not it is in the infant's best interest. It is neither likely nor unlikely. It is certainly not a "given." At this juncture, before the baby is born, I would not think that it would be prudent to enter into a parenting or timesharing plan. There are too many unanswerable questions. What will be the baby's condition and health? How well will the baby tolerate breast milk, or formula? What will be your ability to pump breast milk? How will will the baby be able to sleep through the night? What alternatives will there be to overnights that are compatible with the best interests of the baby and the parental rights that the father is seeking? What do the experts say? These are among the many questions and issues that make it imprudent to agree now to what the father's parental and timesharing rights should be later.
Answered on Feb 04th, 2016 at 8:54 AM