Ask Experts Questions for FREE Help !
Ask
    Shesmy1's Avatar
    Shesmy1 Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 22, 2011, 11:59 PM
    Does he have any rights?
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    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's Avatar
    Shesmy1 Posts: 2, Reputation: 1
    New Member
     
    #3

    May 19, 2011, 09:43 AM
    Can't the abandonment laws in Oregon help with that?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #4

    May 19, 2011, 10:25 AM
    Quote Originally Posted by Shesmy1 View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    May 19, 2011, 11:54 AM
    Quote Originally Posted by Shesmy1 View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

As an aunt do I rights to sue DCFS for vistation rights to see my niece? [ 10 Answers ]

Hi My name is Rosalyn. I have a 12 year old niece that I just adore. Unfortunately she is in foster care with Illinois's DCFS going on 6 years. My sister, my nieces mom is mentally Ill. Her father was in jail for 10 years (my niece was 2 when he was sentence). Now that he is out jail and a witness...

The human rights of a sex offender supersede the rights of young kids in an group [ 13 Answers ]

Can you advise me ref a sex convicted sex offender being allowed to remain in a group that has a child protection policy.complaints have been made.from parents and adult members and have been ignored.the last coment from a senior person in charge of child policy the sex offender coulfd not be...

Civil rights my rights was not read the put me in lock up and then booked me. [ 10 Answers ]

I was arested for domestic and dui did'nt case's but on both I was not told my rights about being slient. I even asked for a lawyer but I was told I was'nt under arrest so I did not need one then they laughed. I blew once but the cop instised on taking me to police station to blow again I...

Youth and Social Work in regards to human rights and rights of the child [ 4 Answers ]

I have had to research two documents out of 4 and explain from these documents how both these documents work with clients in a fair just humane and positive manner? The two documents that I have studied are The universal declarationof human rights and the un convention on the rights of the child: ...

Legal Rights, Moral rights, and rights in general [ 5 Answers ]

Something popped up when I was answering a question the other day. My opinion is that there are laws(legal rights etc) and RIGHTS (moral rights) I though that itd be interesting to discuss. What are your opinions/experiences? Do you believe that the law has the right to determine our rights?


View more questions Search