When Jay put Max down on the floor, he just meant to let him fuss for a moment and show him we-do-not-kick-daddy. I was too sleep deprived to understand that at 3am.
Max is doing better. A little. He is waking one to three times a night and taking a regular nap. I just need to figure out how to lengthen his naps and periods of night time sleep. Oh and I need to move that mountain while I am at it.