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Oh no he didn't (Insert finger snapping)! UPDATE POST 23

post #1 of 28
Thread Starter 
Just checked my email and saw one from ex (so now I have a phone number and email addy for him). In it he apologizes for not calling between 10 and noon today like he said he would, claimed that he and the baby are ill and he's alone with the baby while his wife is at work so he can't see Owen. Whatever.

He went on to say that he still thought it would be a good idea to let Owen go to Australia but he's been advised (by an imaginary lawyer, no doubt) not to sign any passport papers without a Judge's order. He goes on to say that he doesn't think that will be an issue, since there is still a lot of time before we were planning on going on that trip.

In addition, he then said that the current visitation isn't working out and he feels Owen should be spending "weeks" during the summer, spring break and winter break with him. He said that he doesn't feel we can work it out together so he will rely on a Judge to decide. It was all a very baiting email, trying to suck me in and argue with him.

I, however, will not be baited into that crap. I sent him a very short 1 sentence response that said if he felt the need to get a Judge involved then that was fine and that he should already have my address but in case he lost it he should have his lawyer send any legal papers to this address (and gave the address). That was it.

I then wrote another venting email that I did not send! I will include that here though, for venting purposes.

Quote:
I'm sorry you feel that we can't work things out between us, especially since you have never even mentioned a change in visitation to me in person. I would be more than willing to try and work things out with you if you showed any interest in Owen at all. The last time you saw Owen was in October. It's now March. It's been 5 months since you last saw him. I have bought Owen back to Michigan twice since October (Thanksgiving and right before Christmas). How much did you see him during those times? None. How many times in the last 5 months did you call to talk to Owen? None. For that matter, how many times have you called to talk to him in the last 6 years? None. How many letters have you wrote to him? None. If you really knew him, you would know that he's an excellent reader and he loves receiving mail.


Let's take this weekend as an example. You claimed you didn't have to work on Friday until 4pm and you had all day Saturday off work. You saw Owen on Friday from noon until almost 3pm. You did not, for whatever reason, see him at all on Saturday or Sunday. I drove Owen 12 hours so you could spend 3 hours with him. If you didn't have to work until 4pm then why didn't you see Owen at 8am for breakfast, go somewhere to play, have lunch, and play some more before you had to work at 4? You could have spent 7 hours with him (8am-3pm). You chose to spend 3 hours. You claim that yourself and the baby weren't feeling well this morning. I have no idea whether that was true or not, but that should not have stopped you from calling to talk to Owen. You didn't even have the decency to call and let me know you weren't going to see Owen, nor did you answer the phone when I called you shortly after noon.


What the h*ll makes you think you can take care of Owen all day, let alone overnight or longer? Just last summer you had Owen at the park and let him run into the d*mn road. You have also let him run to a lake where he was within inches of jumping in, while you trailed far behind. You never would have been able to catch him if he had chosen to jump in. You are lucky he chose to throw his shoe in instead of his body. You have NO IDEA about Owen and have no desire to learn. If you did, you would have been talking to me about Owen all these years. You would have been trying to learn more about Owen. You would have been talking to his doctors or therapists about ways to help Owen. In 6 years you never have talked to any doctor or therapist, not even when his therapists were 2 minutes from where you were living.


You have no idea what Owen likes to eat. If you did, you would make an effort to eat places that has foods HE likes, or you would bring him foods that he likes... not eat at places YOU like. Believe it or not, OWEN comes first. Not you.


But there is one thing you are right about- Owen SHOULD have been doing overnight visits with you a long time ago. If you remember, YOU are the one who chose to stay at 3 hour long visit and not move to 4 hour visits (and how do you expect to get to overnights if you don't go longer than 3 hours?). YOU are the one who chose to disappear one day 4 years ago and stop calling and stop showing up for visits. I never kept Owen from you, you chose to stop showing up. You choose to not see Owen. You choose to not call and talk to Owen, ever.


Why the h*ll do you think you should have overnight or 2 week long visits with Owen if you do nothing to build a relationship with him between those visits? You don't call to talk to him between visits. You don't ask him how his day is or how school was that day. You barely see him when I do bring him to Michigan. You have no relationship with Owen, and that's your own d*mn fault. If you want to start changing that then YOU need to take steps to do that. YOU need to start calling him at least 3 or 4 times a week to talk to him (if not every day!). YOU need to start spending time with him EVERY D*MN MINUTE POSSIBLE while he is in Michigan. What the h*ll do you expect to do with him while he's with you for 2 weeks, when you are at work? Who do you plan on having watch him? ***** (ex's wife)? Someone who knows nothing about him and who he doesn't know? What about when she's at work? You certainly can't leave him with your parents (who have already stated they aren't in good enough health to even visit with him for a couple hours, let alone care for him)? Your sister (who is married to someone who has constantly lit up cigarettes in front of Owen, compromising his health)?



Which brings me to another point... You know you can't have Owen in your house, since there is already a court order set up ordering he not spend any time in a house/car/etc that has smoking in it. I know you smoke (as ***** (ex's wife) stated this to me not too long ago). Whether you smoke outside or not is not even the issue, as you will carry the smoke inside the house on your clothes, which will lead it to the floors, furniture, Owen's clothes, the walls, everything. If you smoke outside and then sit in the car, the smoke will then permeate the car. If you are seriously willing to risk Owen's life in such a way, you are in no way, shape or form a "dad". A real "dad" would have quit smoking 6 years ago when Owen's first doctor said it was affecting his health. A real "dad" would ensure that NOBODY smoke around Owen. You have showed over and over again that you will not stand up for Owen. As we were standing in your parents front yard last summer with people were smoking you did NOTHING to stop them. You didn't ask them to stop, or even move. You didn't suggest we move the visit to another location. You were willing to allow Owen to be in a situation where his health was compromised. And you believe you are looking after Owen's best interest?



You have a bedroom set up for Owen? Clothes? Toys? Books? A car seat? No? I suggest you start with those things, along with quitting smoking altogether, ensuring you aren't working while Owen is visiting, contacting Owen's doctors and therapists and me for information regarding Owen and how best to work with him, setting up therapists while Owen is with you in Michigan (and, of course, a way for you to pay for them) since it would not be beneficial for Owen to go weeks without therapy, spending as much time as possible with Owen when he is in Michigan AND keeping in contact with Owen between visits. Once you have aced all of those things, feel free to contact me about unsupervised visits.
post #2 of 28
Wow Steph I think you addressed his email in a very mature fashion and I would proceed as planned for court with regard to the passport any other items he should initiate.

btw - I LOVE your venting email.
post #3 of 28
whew!!! thank goodness for his email. shows he has not changed (i thought he might have) so you still have a known 'devil'. i would remind him that you need a judge's order by a certain time. what can you do if he doesnt comply? would you have to do a judges order? what if he drags his feet?

oh that over-holiday game again.

trying to tease you with promises he has no intention of keeping. i cant imagine he is that much of an i**(!! that he doesnt know he cant bring owen home and so throw the long holiday excuse at you. but i guess he is "_____" because i imagine he feels you will fall for it.

glad you got all that off your chest.

yup that's all i can do too. just shake my head.

how does he NOT understand his own son's health concerns? HOW does he not get it?!!!
post #4 of 28


Wow.

I think you handled it very well, and it's nice that you posted your vent here instead of to him. I don't get how courts think that absentee parents should have rights? I mean genetically they are related, but when you don't make any effort or even reasonable effort to maintain a relationship with a child, (especially over a period of significant time) why should the responsible parent and child be dragged into court when the absentee parent gets a wild hair or crazy story from a sh#thouse lawyer? I also doubt he has paid legal advice on such an outrageous request. SMH
post #5 of 28
Thread Starter 
Thanks for letting me vent, ladies. I'm going to have to talk to my lawyer more about this and do some more thinking. I have a feeling ex is trying to bait me into taking him to court to get permission to get ds a passport and then he'll counter-sue for more visitation rights. I don't know quite how I feel about it. I'm going to talk to my lawyer this week and see what her thoughts are. If she thinks ex has no chance of getting more (unsupervised) visits then it might be worth it to get the judge to allow the passport (afterall, I now have an email from ex stating that he has NO OBJECTIONS to ds getting a passport and going to Australia!). If ex has a chance of getting unsupervised visits (no matter how long) then it might be worth it to scrap the trip for now and wait for ex to take me to court for a change in visitation.

Another thing I forgot to put in the letter is ex also just bought a dog (an inside dog, I know, as his wife has posted pictures online of the dog in their house). Ex knows that we believe ds is allergic to dogs (he's reacted pretty much every time he's been around one for the last few years). If you are really serious about wanting overnight/long visitations with a child- why would you fill your house with things you know he's allergic to??
post #6 of 28
Didn't you say (a long time ago) that if you were to get married, it would cost ex a loooot of money? Maybe it's about time to reconsider those nuptuals
post #7 of 28
Thread Starter 
Quote:
Originally Posted by chaoticzenmom View Post
Didn't you say (a long time ago) that if you were to get married, it would cost ex a loooot of money? Maybe it's about time to reconsider those nuptuals
Hehe..... dp and I have been discussing that

So the deal with that is ds has autism. He gets quite a few different therapies, which costs $$$$. At one point last year he was in 4 different therapies every week that costs almost $900/WEEK! Fortunately he's not in that much right now. DS has medicaid, since dp and I are not married. Once dp and I get married, ds loses his medicaid. When we put ds on dp's insurance they will (apparently, though we will have to fight it big time) cover $500/month in services related to autism (therapies, respite care, etc). At the therapy Owen is in right now $500/week in therapy. That leaves approximately $1500/month that is uncovered. I am responsible for 25% of that, ex is responsible for 75% of all uncovered medical care. I know what job he has. I know how much he makes. I know he can't afford another $1125/month (at least) in addition to the child support he pays. Neither dp or I are willing to sacrifice ds's progress, thus we are not married yet. However.... we can afford my 25%

This may/june I should be getting a letter from the court asking if I want them to re-figure child support (we get this option every 3 years automatically). Darn right I'm going to ask them to re-figure it for a cost of living increase When they did it almost 3 years ago it increased over $100/month.
post #8 of 28
Steph - I wish I was 1/4 as mentally healthy as you are. I learn so much from you and the way you handle M.
post #9 of 28
Thread Starter 
Just for poops and giggles I counted up how much ex has seen Owen since we moved to Kentucky (in June 2007). In almost 3 years it's a grand total of.... less than 29 hours. If you count the number of days I had Owen back in Michigan since we moved it is 41 days. If you count the number of days he's actually taken advantage of that and seen Owen it's.... 13. He saw Owen 13 out of 41 possible days for a total of less than 29 hours. And he seems to think a Judge is going to give him "weeks" alone during the summer, winter break and spring break.
post #10 of 28
Wow! That is incredible! That is some strong evidence to present to the courts. That doesn't even equal out to 1 hour per day of of the possible opportunities for visiting.
post #11 of 28
Quote:
Originally Posted by momof4peppers View Post
Steph - I wish I was 1/4 as mentally healthy as you are. .
no kidding huh? I bow down to you Steph. My oldest daughter's father sounds like that. Thankfully(i think) he dropped otu of her life almost 8 years ago(she'll be 10this summer). She doesn't have to deal with his ineptitude and neither do I and she's got a daddy who loves her and takes care of her and treats her like she deserves to be treated. But I still don't think I'm as mentally healthy about her bio-dad as you are about Owen's.
post #12 of 28
Thread Starter 
Jason just asked me to figure out how many possible hours versus how many hours he actually saw ds. For ease of calculations I figured on the days we were there the whole day (Friday and Saturday) I used from 8am-8pm. On Sundays I used 8am-2pm (those are the days we drive back to Kentucky so pretty much need to be on the road by 2pm).

Total hours possible using that method (if my math is correct ) is 390. 29 hours out of a possible 390. That's.... what.... less than 8%?

Seeing all those numbers makes me a lot more confident that, should he actually follow through on that threat to take me to court, I don't think he's going to get very far. I think a nice letter from my lawyer to his with this info would be in order. I can't imagine any lawyer actually encouraging him to ask a Judge for week(s) long visits knowing all this info.

One other little tidbit of info.... Since July 2007 he's gone 9 months (technically 12 months since he didn't see Owen between April 2007 to April 2008 but part of that would have occurred before we moved), 3 months, 2 months, 3 months, 3 months, 3 months, and 5 months (along with a couple 1 month periods) between any contact/communication/visit at all. He has never called to talk to Owen or attempted to communicate with him between visits at all.
post #13 of 28
Good Lord. How does that man sleep at night?
post #14 of 28
Just when I think I have seen the worst of these guys the pull another one out of their bag of tricks! Don't you love when they start spewing off about legal and court stuff that you know they have no idea about, thinking they are scaring you? Does he have any idea what he would be paying in medical alone if O wasn't on medicaid (if you got married)? Perhaps a phone call to his wife to let her know will be appropriate if they start to really get on your nerves. The problem for you and O if/when you get married and ex is required to pay O's medical coverage/bills you will then have to rely on him to do that, which is a crap shoot. I can only imagine that the motivation for him is one of two things; wife pushing him so that the new sibling has a relationship with O or to decrease child support by having O for many overnights per year. Clearly they have no clue about what it takes to raise your son and what it would do to any child who has virtually no relationship with their father to start spending long periods of time with him but especially a child with special needs. I am sorry you have to deal with this.
post #15 of 28
That guy has got to be kidding. On what planet does he think that a few hours within YEARS is going to translate into weeks-long vacations together?

At the very most, he might be granted more time but you could ask for it to be introduced very incrementally AND put a clause in that if he misses a visit, the clock re-sets, so to speak. And since it doesn't sound like he actually follows through on anything, your son would be about 18 by the time your ex got it together!

He's probably just feeling high and mighty because he feels he's got a little, pathetic bit of power... you need his permission for the passport. So he's riding high and feeling good about that. I suppose you could always play the same card and tell him you MAY not ask for the increase in child support (although you're certainly entitled to it) IF he signs the passport papers and drops this other nonsense, waving your proof of all his missed visitations. (You could also point out to him that if you took you to court, you would be asking for, and likely getting, him to pay your legal fees because YOU have been offering visitation with your son as agreed upon, and he is the one who has missed much of it.) Money talks with guys like that.
post #16 of 28
Duh, I totally missed what spurred this, you needing his signature for the passport. Yeah, court, I don't think you are going to have any problems getting a judge to allow the passport. If I were you I would take a proactive approach and go through court to get the permission for the passport. Steph, have you ever tried to get sole legal custody? I mean, you have had so many issues with ex, half the time you can't get in touch with him. You have a very good argument for getting full legal custody. Here he is now baiting you because you need something from him. He would never even know if you were out of the country. He has spent such a small fraction of O's life with him and you do all the care for him, make all decisions, do everything, but still have to get his "permission" and let him know about surgeries or procedures which you know he has no idea about. He has no knowledge what decision to make. I would run that by your lawyer and see what he says. Before ds's bio dad terminated his right I was able to get full legal custody in Michigan. Hope it all goes well.
post #17 of 28
Thread Starter 
Quote:
Originally Posted by MissLotus View Post
He's probably just feeling high and mighty because he feels he's got a little, pathetic bit of power... you need his permission for the passport. So he's riding high and feeling good about that.
Yeah. Little does he know... I don't want the passport that bad I have a few different ideas on what to do now. I just need to talk to my lawyer and see what she suggests.

A) Have my lawyer start the process of going in front of the Judge to get permission for the passport (which I don't see being an issue since I have an email from ex stating that he had no problem with it and was supportive in ds going to Australia). If ex decides to counter-sue me for the visitation crap, obviously I would fight it.

B) Wait until the next visit (July) and ask ex to sign the passport papers again. If he doesn't sign (and assuming I haven't heard anything from him/his lawyer) then take him to court. Obviously at that time if he counter-sues for the visitation crap it would have been from March (when he threatened) to July with no action from him. This would also give months to see if he contacts me/ds before July (ds has surgery this Friday so a big test would be if ex contacts me after to see how ds does).

C) Totally drop the passport thing and force ex to take me to court if he wants to change visitation. But, for those who remember, December 2008 he threatened the same thing ("visitation needs to change.... be prepared to hear from my lawyer in 2009".... 2009 came and went without a word or letter ).

If we end up in court, for whatever reason (whether it's me filing for the passport stuff or ex filing for the visitation) I will more than likely request the Judge order ex to pay my legal fees. Not because I can't, but because this is stupid. He doesn't have a problem with Owen having a passport and traveling to Australia, but he's going to make me do it through the court. Why? Because it will cost me more money to go through the court. If he files for the visitation crap I'll file for legal fees because that's stupid too.... he can't even see him for more than a couple hours at a time, has no safe place to keep ds, makes no effort to contact him for months at a time, etc etc.

Quote:
Originally Posted by cycle View Post
Steph, have you ever tried to get sole legal custody? I mean, you have had so many issues with ex, half the time you can't get in touch with him. You have a very good argument for getting full legal custody. Here he is now baiting you because you need something from him. He would never even know if you were out of the country. He has spent such a small fraction of O's life with him and you do all the care for him, make all decisions, do everything, but still have to get his "permission" and let him know about surgeries or procedures which you know he has no idea about. He has no knowledge what decision to make. I would run that by your lawyer and see what he says.
Last time I talked to my lawyer about it, she didn't believe it would be worth it for me to ask the Judge for it. Basically she said I can give permission for surgeries, etc and make decisions on school, therapy, doctors, etc without ex right now. She said I have an obligation to attempt to keep him informed, but if I can't contact him then it's not a problem.
post #18 of 28
If you won't need the passport before July, I'd probably do Plan B and wait until then, to give him even more time to screw up (meanwhile collecting evidence of this). And yes, definitely go for legal fees no matter what, if for no other reason than to discourage him from making further threats about court every time it pleases his fancy.
post #19 of 28
Quote:
Originally Posted by StephandOwen View Post
Last time I talked to my lawyer about it, she didn't believe it would be worth it for me to ask the Judge for it. Basically she said I can give permission for surgeries, etc and make decisions on school, therapy, doctors, etc without ex right now. She said I have an obligation to attempt to keep him informed, but if I can't contact him then it's not a problem.
This might be a stupid question - so please forgive me but I'm honestly curious.

Even if you have sole legal custody aren't you required to keep ex informed of things that are going on? I know you wouldn't need his permission to do certain things or make certain decisions - but I would think that you would need to still inform him of stuff. ??? Am I right?? Sorry, I'm learning as I go here.
post #20 of 28
i thought there was an option on the PP app for a parent who could not be present to sign in front of the clerk of court or whomever? actually two options, one if they had their sig notarized and one if there was a good extenuating reason why they would not sign...
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