Reply to Crazy paternity leave situation

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]My friend came to me with the saddest mid-divorce reveal I’ve ever heard. When her only child was born, her DH only had 2 weeks of paternity leave. He didn’t take all of it and went back 2 days early. It was really hard on her and sometimes we still look back on those days pretty ruefully. The worst part was he worked for a Fortune 500 company that changed paternity-specific leave to parental leave that year and gave everyone with a new child 12 weeks, paid. He ended up covering leave for half his team while they still had their own tiny baby at home.

As part of some kind of mediation session during divorce, she found out that he actually had 6 weeks leave and just never took it. Which explained why when she asked him to petition to HR to be grandfathered in or get some kind of additional leave when they changed the policy, he said it was impossible.

I’ve never heard anything quite so specific and awful that wasn’t an affair. She’s asking me if she’s crazy. Am I ok in validating that this was a supremely messed up act of deception? Why would a father do that?[/quote]

We are supposed to believe that this is a big issue for her now? Years later? During a divorce?

First off, the family courts won’t care.

Second off, you are saying he lied about it? Surely he lies all the time to look or feel better so this is just one example of many.

Next, yes white collared jobs with clients do a mix of things for taking actual leave or not. Up to the couple to take it when over the first 12 mos of when eligible. Some do a week or two right away, or after the grandparents guests leave.c or after the wife’s 12 weeks fml, or before the new nanny shows up, or whatever or only 1 or 2 weeks. Same with women. [/quote]

Oh I think a family court might care if a dad lied to cut short his paternity leave. It’s probably part of a pattern of him avoiding caregiving duties. Although I stuck it out with my ex for several more years, I would have had an airtight case for getting much more than 50% physical custody based on his complete disinterest in being an active parent to a baby. He was actively avoiding it by claiming to “work late.” [/quote]

R u nuts?

Why are they even going to court and not mediating?

And no, divorce court doesn’t care if someone never used up their vacation days or benefits or leave long ago or even last year.

You barely have a point OP. And you clearly aren’t old enough to observe how it plays out in real jobs at real employers post covid. [/quote]

I’m a PP not OP. And yes in allocating physical custody a court will absolutely consider which parent has been the active parent. Dads who did everything they could to avoid parenting (including lying about their leave)  will have a hard time showing they are entitled to 50-50 especially for small kids. And again someone millions of moms figure out how to hold down jobs and parent. [/quote]

Not sure what state you are in it 50/50 is the default for anything unless physically abusing the child, not other spouse.

Lying or forgetting about unused paternity leave ain’t a needle mover.

Hope your lawyer helps you or if they’re milking you hope you run out of money fast. [/quote]

That’s not true. If a dad has not been actively involved in parenting (to the extent he lied about paternity leave) then this is good evidence that the best interests of the child are to stay with the mom more than 50% of the time. [/quote]

You know of cases where custody was determined by looking back at how many days of paternity were taken and used? Really?[/quote]

I know that there are cases where the dad’s history of uninvolvement impacts custody time - and this is expressly a factor for the DC courts to consider. Obviously using deception to evade paternity leave would be something a judge would likely take note of.[/quote]

So no, you don't. If you have to reach that far back to try to make this case you have nothing.[/quote]

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