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Main Forums => Visitation Issues => Topic started by: BAZ382 on Mar 20, 2009, 04:55:10 PM

Post by: BAZ382 on Mar 20, 2009, 04:55:10 PM
Cynic by nature!  No applause please, it’s a benefit from growing up in a military family, being a veteran, studying criminal justice and working in the law enforcement field for awhile. 

So what’s my story?  We all have a story don’t we?  Drama is the nectar of the Gods or at least the nectar of my soon-to-be-ex-wife.  I won’t bore you with details, let’s keep it simple.

My story is I live in Texas We have a six month old child and the ex will not budge off 1/3/5.  That’s the standard in Texas for visitation if you are not the “primary custodian” or whatever the heck they call it.  Which means 1st,3rd,and 5th weekend of every month, one evening in the 2nd and 4th weeks, one month in the summer, alternating holidays(Christmas/Thanksgiving), fathers day, and when Jupiter lines up with Venus cross-sectored by Mars, and a midget riding a tricycle sees his shadow you get your kid. 

What’s that?  Your child is an infant?  I’m sorry Mr. Smith 1/3/5 is not for infants, golly jeepers, but don’t worry we will progressively allow the schedule to develop over the next 3 years. Isn’t that fantastic? You get some much time with your kid you won’t know what to do with it.  By the way your ex is going to need 20 % of your income.  Don’t worry about that either we’ll just take it out of your check, thanks a bunch!

I could complain all day about my rights as a father, how unfair the system is, how communicating with my ex is like trying to have an intellectual conversation with a finger puppet but there’s something deeper here that bothers me.

What about our child’s rights.  Doesn’t our child have a basic fundamental right to spend equal time with both parents whenever possible?

Texas has presumptive Joint Managing Conservatorship unless the health or emotional development of the child would be harmed.  Which as my attorney told me means my ex and I have an equal right to our child.  Okay, so we should get equal time right?  No, visitation is completely different.  What? That makes no sense how can they be exclusive?  They just are it’s not the same thing, really!

Didn’t the U.S. Supreme Court determine Separate but Equals laws to be Un-Constitutional in the 1960’s? That’s why we no longer see a white’s only drinking fountain and a colored drinking fountain.  Isn’t that why Rosa Parks doesn’t have to sit on the back of the bus anymore?

Here are the real questions:
Does anyone know of any case law in any State where an argument for equal time was made?  Does anyone know of any case or groups that have approached the issue of custody and access from a child’s rights point of view?  Does anyone have any advice?

All I want for our child is equal time.  Equal Time Right Now!!!