Father wanting more time with child

[ccmidaho]

Facts of the case:
I am the Father's girlfriend and I'm helping him do research. Mother and Father of the child, both residents of Idaho, were never married and pregnancy was unplanned. Child (boy) is now 12 months.  Current agreement filed in the court states that the father has the child on Tues, Thurs, & Sun for 2 hours each with overnights to start between 12-18 months. There is no agreement beyond 18 months at this time.

Father has requested overnights begin. Mother says no and that she will not consider this until 18th month despite the original intent of the agreement to start at some time between 12-18 months.

If the father had his way, the child would be in his physical custody right now 50% of the time. The mother has been uncooperative from the beginning and the father had to go through lawyers and a mediator to get the 6 hours a week he has today.

Mother claims that there is no reason for the child to be with his father for any extended period of time on a regular basis until at least 3 years of age although she has not offered any explanation as to why she thinks this.  Its also unlikely the mother will ever voluntarily agree to 50/50 custody at any age.

Both father and mother are fit parents with good jobs and are equally capable of any level of parenting, full or part time.

Questions:
1. Is there research that supports its in the best interest of the child to be with the father for extended overnight periods? What are the factors?

2. In a "both parents equal" scenario, is a judge likely to be biased towards the mother in granting physical custody if parents cannot agree? If so, are there any factors that can reduce that bias?

3. Is it better to go to court and ask for 50/50 custody right from the start or is it more wise to ask for less up front and then ask for more as time goes on and the child matures?

4.  If Father ultimately wants 50/50 physical custody what strategies should the father employ now in order to get it?

5. If father must be out of town during his regularly scheduled time, is it permissable for him to arrange to leave child in the care of the child's paternal grandmother who wants to see the child or does the father forfeit this time to the Mother instead (as the mother claims).

Thank you for your help.

 

[socrateaser]

>Questions:
>1. Is there research that supports its in the best interest of
>the child to be with the father for extended overnight
>periods? What are the factors?

There is only one factor that matters. You have an order stating that you can have overnights sometime between 12 - 18 months. Ask the mother in writing if she will stipulate to an increasing schedule of overnights during this time, and if she will not, then file a motion to clarify the order based on the mother's refusal to cooperate in the child's best interests.

>
>2. In a "both parents equal" scenario, is a judge likely to be
>biased towards the mother in granting physical custody if
>parents cannot agree? If so, are there any factors that can
>reduce that bias?

I don't read tea leaves. Every judge is different, and the only judge who matters is the one hearing your case. If you want to know how the judge is likely to rule, then go to the courthouse and sit through a few days of the judge's hearings. Then you won't need to wonder anymore, because you will KNOW.

>
>3. Is it better to go to court and ask for 50/50 custody right
>from the start or is it more wise to ask for less up front and
>then ask for more as time goes on and the child matures?

You have already agreed to far less than 50/50, so this is not "right from the start." The status quo is that you have limited visitation, so now you must show that the child's best interests to increase your custody after 18 months. However, until 18 months have passed, you would need to show a substantial change in circumstances affecting the child's best interests in order to obtain a 50/50 custody arrangement, so, don't even bother trying until 18 months has passed, and there is no longer any order in place.

>
>4.  If Father ultimately wants 50/50 physical custody what
>strategies should the father employ now in order to get it?

Move within walking distance of the child's residence. Arrange your work schedule so that you are available to give daily care to the child of the sort that a very young child requires. Other than that, love your kid and appear to be mentally stable (don't move around a lot, go out partying, etc.).

>
>5. If father must be out of town during his regularly
>scheduled time, is it permissable for him to arrange to leave
>child in the care of the child's paternal grandmother who
>wants to see the child or does the father forfeit this time to
>the Mother instead (as the mother claims).

Depends on the orders. If you want a definitive analysis, you'll need to post the EXACT text of the current orders.