My question involves a child custody case from the State of: NY
To make a long story short, after trying to work out custody outside of court with my wife (still legally married, living separately) I filed for 50/50 custody of our daughter. She is a teenager with autism and cannot speak.
My wife is contesting me having our kid at all for any overnights because she claims i shouldn't be able to bathe her because i am a male. Whether she feels that is the true reason i shouldn't have her for overnights is suspect to me, because she only cut off overnights when she learned i had a girlfriend and claimed our child shouldn't have to be living or around a stranger. She never had a problem with me bathing our child or me having overnights before that happened.
Right now the attorney for our child is seeming to agree with my ex that I can't bathe her because of some "hygiene code", and how because our child can't vocalize more than 5 words, that I won't be able to bathe her. The judge has indicated that she would agree with our child's attorney if we do not work it out ourselves.
So basically I am confused if this an accurate protocol that can be used? Obviously if the attorney and judge are saying this I am inclined that it is true, but I just don't understand. I am her father, not a stranger. If she had no female relatives then I would be the one bathing her, and a court wouldn't come in and tell me I can't? I don't understand how this would be in the best interest of our child that she can't have overnights at my home, because I am not a threat to her, I am her biological father and its not like there is any accusations of abuse at all, its just the fact that i am a male.
And now her mother has her boyfriend moved in without telling me for months, so it is ok for a strange man of no relation to her to be in her home overnights, but she cant stay with her own father (and other siblings) overnight?
To make a long story short, after trying to work out custody outside of court with my wife (still legally married, living separately) I filed for 50/50 custody of our daughter. She is a teenager with autism and cannot speak.
My wife is contesting me having our kid at all for any overnights because she claims i shouldn't be able to bathe her because i am a male. Whether she feels that is the true reason i shouldn't have her for overnights is suspect to me, because she only cut off overnights when she learned i had a girlfriend and claimed our child shouldn't have to be living or around a stranger. She never had a problem with me bathing our child or me having overnights before that happened.
Right now the attorney for our child is seeming to agree with my ex that I can't bathe her because of some "hygiene code", and how because our child can't vocalize more than 5 words, that I won't be able to bathe her. The judge has indicated that she would agree with our child's attorney if we do not work it out ourselves.
So basically I am confused if this an accurate protocol that can be used? Obviously if the attorney and judge are saying this I am inclined that it is true, but I just don't understand. I am her father, not a stranger. If she had no female relatives then I would be the one bathing her, and a court wouldn't come in and tell me I can't? I don't understand how this would be in the best interest of our child that she can't have overnights at my home, because I am not a threat to her, I am her biological father and its not like there is any accusations of abuse at all, its just the fact that i am a male.
And now her mother has her boyfriend moved in without telling me for months, so it is ok for a strange man of no relation to her to be in her home overnights, but she cant stay with her own father (and other siblings) overnight?
Establishing an Order: Can the Fact That I Am a Male Be an Issue in Custody
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