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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90102
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex is trying to uses the following Orange County parenting

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My ex is trying to uses the following Orange County parenting plan as a go to, and I find it ridiculous they are suggesting a one month old have 5-8 hours away from the mother. Does this happen in real life? Is this outdated? I am currently breastfeeding. He wants to take the child to see his family several hours away. I think it is ridiculous to have a month or two year old away from mom for that long. Will i win this in court?

http://www.occourts.org/media/pdf/parenting-plan-guidelines.pdf
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please understand this is not my personal opinion here, it is simply an explanation of the laws and how they have evolved.

It is not outdated actually it was brought about because of an effort of the states to make the laws more gender neutral and give male parents equal opportunity as female parents. Actually, the old theory is a child under 2 years of age should not spend time away from the mother. The gender equality groups were the ones who pushed for father's rights and fought to say that a father should have equal rights to bond with the child during those formative years.

Do those parenting plans get followed in real life, yes they do as long as the father is shown to be capable to have and care for the child that young. As far as breast feeding, the courts have ordered mothers to pump and supply breast milk or if not formula for the visits with the father.

In some cases it may be ridiculous, but the laws were changed to make it equal and took it away from the way it used to be thinking that a father could not care for an infant.

As far as you winning in court, it depends on whether you can prove he is not capable of caring for such a small child and would not be competent to provide such care, which you would do by presenting witnesses in court about his abilities or lack thereof.




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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90102
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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