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View Full Version : Does he have any rights?


Shesmy1
Feb 22, 2011, 11:59 PM
I was with my ex boyfriend for over 2 1/2 years. We planned to have a baby and a few short months later I was pregnant. To my surprise, my ex decided to start doing drugs, drinking a lot, and stopped coming home at night. He also started seeing someone on the side. After giving him chances to straighten up; I was forced to kick him out of my house. During that, he was physical with me, by pushing me around when I was pregnant. Even after everything I was put through; I still sent him all the Dr appointments of our baby. He had never came to any of them. Through out my pregnancy him and his new girlfriend would call and text me all hours of the night, harassing me. I never responded and just tried to move on with my life and focus on the life inside of me. After several months later, he started calling me a lot. He would go on, on how much he missed me. After I told him I didn't want anything to do with him; he then started getting VERY aggressive and creepy and stalker like. "I know where you are, I can see you & you will be mine". I ended up changing my number and getting a restraining order. Here, I need to mention that he had another child with someone else, who I loved and cared for since the child was 10 months old as my own. After he was served, he lost it even more. He ended up breaking the restraining order by saying his child was on it's deathbed and I needed to come to the hospital to say my last good byes. I called the child's mother to see if this all was true. I was very upset. The child was perfectly fine, and he used his child as a sick way to lure me some where. He was put in jail for breaking the restraining order. A few more months went by and I got notice he was contesting the restraining order. We had the hearing and after EVERYTHING that was brought to the judges table; he turned to me and said I should be scared for my life. And his requesting for the restraining order was denied. He even went back to jail because he never completed the probation for breaking the restraining order in the first place.
My daughter is 2+ years now, and he has never asked to see my daughter. His name isn't on any of her papers, including her birth certificate. Again, he has his first child, and after I had my daughter; he's popped out another. His mother has JUST got in touch with me about my daughter. She has full custody of his first. After careful consideration; I have agreed to meet with her so the children can know each other through her. The "grandmother" is wanting to get the youngest in the picture, but it's mother is now demanding for the "father" to meet my daughter in exchange. With everything I know about my ex. How I've witnessed him using his children for his own sick pleasures, and has NEVER once asked me to see my daughter; I go into protective mode and say No. Remember what the judge had said...
My question is, does he have ANY rights to my daughter, when he has neglected her for over 2 years when he's been able to see her face any time on Facebook? And with his past of stalker like intentions, domestic violence while I was pregnant, and everything else..

ScottGem
Feb 23, 2011, 04:55 AM
He has the same rights as any father. Just because you have denied him those rights (by falsifying the birth certificate) does not mean they don't exist. All he has to do is go to court to enforce his rights.

Now I understand why you falsified the because, but that doesn't change things. Given his history, a court will likely constrain his rights by giving him supervised visitation only. But he still has rights.

Shesmy1
May 19, 2011, 09:43 AM
Can't the abandonment laws in Oregon help with that?

this8384
May 19, 2011, 10:25 AM
Can't the abandonment laws in Oregon help with that??

You changed your phone number, filed a restraining order, and are now trying to turn around and say he's guilty of abandonment.

While I realize you were just trying to protect yourself and your baby and I certainly don't fault you for it, you can't accuse him of abandonment when you have made such an effort to keep him away from the child. Please don't read that the wrong way - I think you were smart by breaking it off with him and getting the restraining order. But you have more or less forced him out of this child's life, not the other way around. Again, I don't fault you for it but it's the truth. So abandonment doesn't apply here.

As Scott said, he COULD file for visitation and custodial rights but given his history of being aggressive and insubordinate to the court's orders, I doubt he'll get much. He'll also have to start paying child support, so I doubt he'll get the ball moving.

ScottGem
May 19, 2011, 11:54 AM
Can't the abandonment laws in Oregon help with that??


Help with what? As I said, with his history the courts will probably limit his rights. The fact that he hasn't made an attempt to see the child for a long time will be taken into account. As will the fact that you have made it very hard to see the child.