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Need advice regarding....everything

post #1 of 13
Thread Starter 
Summary- we broke up early in my pregnancy, he told me he was not responsible for me, did not buy anything for the baby, was very verbally abusive and horrid throughout my high risk pregnancy.
Water broke at 34 weeks, had no one to drive me so I called him, he was a jerk but took me and was there for the birth. Baby was in NICU two weeks he saw him twice. I left the hospital with my son alone. Name is on the birth cert. and son has his last name. I was trying to be nice...
Child has severe food allergies and was hospitalized twice each for a period of two weeks, ex stated he hated hospitals and visited minimally, going days without calling even when son was undergoing painful tests. Left the hospital each time with my son alone.
He did not pay anything or attempt to see him for several months, stating he was too depressed to work and therefore did not have gas money. I called him and ASKED him to see his son, even offering to bring the baby but he declined more than once. If he did see him it was because I drove him there and back after initiating contact.
I had been crashing at a friend's house because ex kicked me out when I was pregnant. Friend was moving so I had to find a place and moved across the river to another state. I am receiving gov't assistance for now but have steady work lined up in Sep. Ex attempted to see son but was taking him to his mother's house who is a very bad hoarder/ alcoholic type personality. He sent son home with a bleeding rash, and only 1 diaper out of ten was used from the diaper bag. I always have supplied everything since he sees him so rarely. He did begin to give me sporadic support and I thought all was well.

I took son to visit him at his house. It was disgustingly filthy, beer cans, trash, ants. I laid the baby on the floor on his blanket and discovered a large piece of a marijuana plant on the floor. Ex throws massive parties there every weekend, I am seriously worried there might be a pill on the floor or some other type of drug.
He has not seen son since father's day (I took the baby to see him) and he called Fri to ask about seeing him Sun. I asked him what measures he had taken to insure the safety of the baby and ex became very verbally abusive calling me names and...just bad. I told him to have a nice day and hung up and have not heard from him since.
What do I do now?
He owns his own company and makes good money, fibs to the IRS about his taxes and shows very little on his tax papers. He went against my will and claimed the baby even though he rarely sees him, what can I do to keep him from doing that once I do have an earned income? He has the money to go to court and I don't
Do I automatically have custody? (I am in Illinois, he is in MO.)
Should I email him and tell him that that is how I wish to communicate from now on? I am tired of his verbal and emotional abuse, it literally makes me sick.
If I do email him, what are the important points I should make in the email in order to protect myself? He tells his family that I won't allow him to see the baby in order to save face, and that just is so far from the truth it is ridiculous.
I am considering a restraining order??
Please help me BTDT mamas, I am so stressed over all of this. I have always tried to involve him and do the right thing for our son.
But I am in self preservation mode now and I need advice.
THANK YOU
(there is so much more to this story, believe me I summed it up as best I could)
post #2 of 13
Check with your WIC office about resources to help get child support and what you need to do to protect you child. They may have attorney referals that work cheap or for free. You may also want to check with CPS about your concerns for ds saftey (supervised visitation, etc). This kind of situation is why CPS exists.
post #3 of 13
Thread Starter 
Please I really need advice!! Anyone?
post #4 of 13
i am, of course, not a lawyer or tax expert or whatever....

go through your department of human resources for your state. here in GA, i paid $25 and they located STBX and started child support on him. STBX is currently in the hot seat as he evidently quit/lost his job and if he doesnt get it together soon, he could lose his license, go to jail, all kinds of fun stuff. best $25 i ever spent.

as far as taxes go, IRS may notice that two people are claiming the little one. if you get audited, i would imagine they would come over. see baby. see living arrangement for baby. take note. then they might go visit him. see a party zone. see no baby stuff. however, for good advice i would march over to the irs.gov website, search through the site for answers and if there wasn;t one, then call their customer support line. if i were you i wouldn't worry about MYSELF with the claiming. he should be.

again, do not take any of this as sound legal advice. but its a place to start.

also, do not know if you have done this, but make sure and take advantage of any WIC, food stamps etc. again, go to the website for DHC and see what is available. sadly as a teacher i make too much to take advantage of the programs i could really use!!!
post #5 of 13
Quote:
Originally Posted by littlecappy2010 View Post
Please I really need advice!! Anyone?
Did you put him on the birth certificate? Cause if you did not, then I would ignore his requests and get the restraining order. Let him do the legal legwork to prove paternity. If you did put him on the birth certificate then I say get CPS involved ASAP. And child support enforcement. You need to get to Legal Aid for some good advice.
post #6 of 13
First, I would file for child support. Second, I would work on a visiting schedule in order to avoid contact with ex (to avoid abuse). If you both know when your LO has to see dad, then you don`t have to keep calling him to offer visits. If dad misses visits, I would stop contacting him. Seek legal help, 1st consulations are usually free. If you have low income, there is some kind of free legal aid in most towns/cities.

Good luck, Mama!
post #7 of 13
Yes, please go see a lawyer and start proceedings to obtain sole custody ASAP. Seeing as you're on assistance, perhaps you can find a lawyer willing to do pro bono work, or see about filing the proceedings yourself to save on legal fees. But first, get the opinion of a professional who knows the legal system in your area. When you do consult a lawyer, do not use him or her as a therapist. Have a clear list of questions you needed answered (as in, how and when can I begin to file for custody? What exactly do I need to do to get the ball rolling? How long will I have to wait? etc).

My x was like yours, and because he was a) not involved in rearing my daughter, b) verbally/emotionally abusive, and c) not interested in going to court, I was granted custody by default as well as all discretion over visitation. This means that if I find the visitation conditions unsafe, I can REFUSE to send my daughter. Lately my X moved to a new apartment but refused to let me see inside or to tell me who he was living with. So I refused visitation. If he wants to fight me, he'll have to go to court, which I know he won't do.

Until you get to see a lawyer, start DOCUMENTING. Write down point form what you wrote for us, but specifically with regards to his involvement to your child. Add relevant dates and times if you remember them. Make certain to include all information about his drug and alcohol abuse, as well as any instance of emotional, verbal or physical abuse.

From now on, keep a journal of all the contact that you have with him, and keep all contact to email only (seeing as you can print out email he sends you). YOU have been the primary caregiver since your child's birth; this is good. It sets a precedent.

Set clear boundaries when you have contact with him. If he tries to discuss anything other than visitation, shut it down, and do not respond.
post #8 of 13
In your situation, I would not file a restraining order. You wouldn't have the evidence to obtain one. It sounds like you could easily go about your own life and that man who just fade away. He does not sound interested in any custody. If you file child support then custody will pro ably become an issue. Next year if he files using your son you can file also and send in proof that you have sole custody. I would document timeline of visits, hospital visits, any money paid to you, the state of his home etc. I would highly recommend secretly getting some pictures of his filthy home or have Cps pay a visit which could give a nice paper trail. If you can find a lawyer, pro bono perhaps, go for sole custody with suervised visits. Get Cps involved, get the irs involved. But I think if you didn't go for child support that man would disappear. Stop initiating all the visits! Call around to lawyers asking for low cost or pro bono.
post #9 of 13
Half-Asian Mama had some good advice. She went through a similar situation and had a good outcome.
Most communities have free or low-cost legal clinics. What city are you in? We can probably point you to some real resources.
I would say that you will definitely need a lawyer to establish custody and child support. The trick will just be finding one to do it for free or cheap.
In the meantime, have you applied for all the social services you are eligible for? Welfare, WIC, food stamps, medicaid?
Was there any physical abuse? That can open up a whole new spectrum of resources. Since there was verbal abuse, I might even call a local domestic violence hotline or shelter.
I think basically, my advice to you is to locate and reach out to every single resource that might be available to you. It can take some leg work, but it will be worth it.
Also, this is a good time to start documenting EVERYTHING. All the abuse from the relationship, all the times he's passed up chances to see the baby, everything. Keep a running list. It will help you in court. And I would just cut off contact with the dad, at least for the time being. No good will come out of reaching out to him at this point, and you may put yourself and the baby at risk.
You're doing the right thing, taking care of your baby and protecting him from an abusive father.
post #10 of 13
Yes, in these situations, LEG WORK is key. You just sit your butt down on the internet and on the phone, find the resources that may help you in any way, and call call call. Keep a list of when/who you've called, what they said, if they'll call back. At the very least, this will make you feel like you're getting on top of this and that things are slowly moving.

You *are* doing the right thing by getting informed and protecting your child!
post #11 of 13
Thread Starter 
Thanks mamas. I am in a better place today. I am not going to let him ruin the time that I am with my son by stressing me out etc. I will take it day by day.
Fwiw I am in Monroe County IL. I have an appt. Thurs to speak with someone about all of this so hopefully I will have some concrete answers.
He has been working in my town for two weeks (he owns a seasonal business) and has not once tried to come see the baby. And he lives an hour away!! I can't make him be a father, but I have the best part of him so it doesn't even matter.
HUGS to all of you!
post #12 of 13
Go see a lawyer! For very similar circumstances, I never had him on the birth certificate so he never had any rights, if he wanted them he would have had a paternity test then fight me for some kind of custody. You will always have custody, whether he has supervised/shared is up to the courts. Do not bother emailing him about any of it, you will not get the result you want or hear what you want to hear from him by the sounds of it. Im sorry if i sound bossy, its just I went through all this and I dont want you or your baby getting more hurt. Dont allow his family unsupervised visits, and keep them short and sweet and not often. Stop trying to involved your ex's pathetic existence (sorry, men who neglect their children boils my blood, i had one too) into your sons life, live your life. Your baby is a gift to you in which you are meant to cherish, if he doesnt feel your son is a gift then he doesnt deserve to be around him. You make a life for you and your baby, its so hard to move on but you must, the kind of life your ex and family has is unacceptable for child, just because it is his "family" doesnt mean you need to involve them. Be strong mama, come on, the man doesnt deserve such a devoted women. Dont let the family get any wind of your intentions, just do as you wish. I am not receiving child support because one, it recognizes my son's father as his dad and gives him rights and two, even if they dont pay you cant deny visitation. He will most likely continue his irresponsible lifestyle, not pay a dime and you wont have full say in your child. I consulted a lawyer 3 weeks after my sons birth about this, talk to legal aid. You deserve better, please dont get more hurt.
post #13 of 13
If you have concerns of the safety of your child in his care, then honestly I would not file for child support and I would let him fade away and not contact him again. Once you file, he may get a bug up his *** and fight you on custody, get unsupervised visits, and wouldn't that just be fun?

Yeah, I have no faith in the legal system. Sometimes an ex who will just disappear is a blessing.
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