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-   -   Sole Custody? (https://www.askmehelpdesk.com/showthread.php?t=74118)

  • Mar 20, 2007, 01:59 PM
    divine-discontent
    Sole Custody?
    All right, I'm pregnant and due in just over 2 weeks.
    It wasn't until the last week or so that my now ex-boyfriend decided that me and him should start getting along and being friends, and has started trying to be a part of my life so that he can be a part of the baby's life. I slept with one of my close friends at his party around the same time I got pregnant (my boyfriend and I were on a break) but I'm sure that the condom didn't break (which is how I got pregnant with my ex-boyfriend)... so I'm sure that it IS my ex-boyfriends baby girl.
    Me and my ex-boyfriend were going through a rough patch since I got pregnant, I had just moved back to town after leaving for 2 months without any warning. I was at a rough spot in my life and made some mistakes, but I moved back and fixed them and got my life completely back on track. We split up twice after I came back until the third time (which was at the beginning of February) where I said that was it, we broke up and I wasn't going to get back with him again. I couldn't stay with him with all of the complaints he had. I wasn't the same person he met before I went away, things were completely different and I had lost most of my romantic feelings for him. We'd become good friends and nothing more then that... at least in my mind.
    He continued to trash talk me and put me down, he called me a slut accusing me of cheating on him (which I not once did) and he threatened me if I got with another guy while I was pregnant, and even after.. because he wouldn't allow any other men around the baby. I have no intentions on getting with anybody anyway, but it still ticked me off that he would even say that. He contantly nagged me and asked me tons of questions, repeating the same ones over and over and then accused me of lying when I gave him the answers. He started telling me that I was selfish because I broke up with him, that I only thought about MY feelings and not his and that I basically ruined my daughter's life before she is even born because I "ruined" any chance she had at a "happy family". He even got his mother nagging at me and asking the same questions, basically telling me the same things.
    Not only that, but all the tension from before when we were still together, he drank almost every weekend (I am not trying to nag that he drank every weekend.. I did much worse before I got pregnant) but he became violent and angry with me. He would scream and yell at the top of his lungs and call me every name in the book.. and then either deny it happening the next morning or say he didn't remember and try to appologize and act like everything was okay. It was okay the first couple of times, but it became too much of a habbit and even if he didn't mean what he said after hearing it too many times it become impossible to not believe.
    So anyway, I told him (well over a month ago, in fact it was before I broke up with him) that if he didn't learn to control his anger and agree to be my friend (because at the time that is what I truly wanted, I still cared so much about him as a friend and I wanted to get along for our baby's sake anyways) that it was going to be too late, and I wouldn't make the effort to let him see his daughter, because the last thing I wanted around her is a man who is going to constantly start pety fights with me and trash talk me in front of her.. and just refuse to get along. I would have rathered her not have a father at all then be around constant fighting. I told him we only had about 2 months until she was born so he had better smarten up soon.. or it would be too late and I wouldn't be able to forgive him and look past it.
    Well it has been too late. He waltzed in a week or so ago and said he wants to be friends, that he's done being a jerk and that he wants to be a part of mine and her life and keeps calling me and showing up at my house (because I was ignoring his phone calls) and trying to get me to forget anything ever happened.. just let it go and get along with him.
    It has been me doing all of the work thus far. My whole bedroom has been re-done and I've bought absoutly everything she has so far. The only thing he has bought was a set of 3 receiving blankets and some wash cloths for her.. which was only because his family sort of forced him to buy something to make it look like he was at least trying. He hasn't come to any doctors appointments or anything, and I told him that he could come. He wanted to get together to pick out a name for her (now I have made a decision without him though) and both days that he said he would be free he either started a pety fight over nothing and wouldn't talk to me on the day we scheduled to meet up and talk about it, or he just didn't bother calling me (and I told him that I am not making the effort to call him, I don't want him around anymore.. he waited too long to smarten up, if he wants in her life and mine he will make the effort)... so we haven't met up.
    Now when he calls he complains to me that I am being the bad guy because I am busy nearly every day after he is done work (finishing the house for when the baby is born and buying the last couple things I need, and one of my best friends found out he has lung cancer.. so I am trying to spend time with him while we can, also visiting relatives I haven't seen in ages).
    Am I really being the bad guy? I don't feel I owe him anything, I gave him plenty time to smarten up when I shouldn't have had to tell him to... it's too late now I can't just forgive and forget. I can't stand him, I don't even care for him as a friend anymore.
    I was told that because we were never married that I have sole custody of my baby girl when she is born. I'm not having him sign the Birth Certificate or anything and I am going to put the father down as unknown. I absolutely do not want him around me or her when the time comes anymore. I gave him ages to smarten up... even before I asked him, to he should have on his own. He turned 22 years old last year, and I turn 19 in 3 weeks... I shouldn't have to tell him to grow up and control his anger.
    He wants to take me to court if I don't start letting him into my life and the baby's when she is born. If the father is written as unknown does he still have the same rights? Can he force a paternity test to prove that it is his (assuming it is)? Is there any way that I can have him cut out of both of our lives if he takes me to court?
  • Mar 20, 2007, 02:07 PM
    Squiffy
    As the father he does have rights, it doesn't matter what he has done, or hasn't done, he helped create that child and he will have the right to be a part of her life, and the obligation to support her.

    I think you both need to stop thinking about yourselves and start thinking about that baby and what is best for her. You two may not get on, for whatever reason, but that child has the right to know her father, even if you don't think he has the right to know her. It is what she deserves not him and not you. How are you going to feel when your daughter starts asking why her daddy doesn't see her? Will you be able to look her in the eye and tell her you wouldn't let her dad be a part of her life? You will look like the bad person.

    You two are going to be parents, whatever you think of each other you need to grow up and act like adults and think about the rights of your child and stop all the petty fighting.
  • Mar 20, 2007, 03:10 PM
    Fr_Chuck
    No, someone is telling you completely wrong.
    The father is the father even if you don't list him on the birth certificate, and you do not have sole custody until you take him to court and the court gives you sole custody. Until that time he has equal custody as the father.

    Next he will get visitation, if you prove he is a threat ti could be supervised probation,

    So you will need to get to court and have a custody order issued.
  • Jan 28, 2008, 12:57 AM
    Rachelpa33
    I believe that there is an allotted amount of time before he can not be considered the father... if he doesn't sign the paternity of acknowledgement which all unwed parents have to do in all states, than he loses all rights. He must in this time sign the acknowledgmet or request a blood/DNA test. I'm sorry I don't know how long that time frame is. Good luck
  • Jan 28, 2008, 03:56 AM
    GV70
    Quote:

    Originally Posted by divine-discontent
    He wants to take me to court if I don't start letting him into my life and the baby's when she is born. If the father is written as unknown does he still have the same rights? Can he force a paternity test to prove that it is his (assuming it is)? Is there any way that I can have him cut out of both of our lives if he takes me to court?

    Of course-he can force a paternity test.You cannot cut him out of your life.He is the child's father and he has all rights and obligations.
  • Jan 28, 2008, 04:05 AM
    GV70
    Quote:

    Originally Posted by Fr_Chuck
    The father is the father even if you don't list him on the birth certificate, and you do not have sole custody untill you take him to court and the court gives you sole custody. Untill that time he has equal custody as the father.

    Maybe it is not a correct answer.
    Legaly-the father IS NOT the father if he is not listed as a father on BC or PA.The mother has sole custody if a child is born out of wedlock.The father has to fight in court for custody and visitation.Until that time he does not have equal custody rights.

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