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REALLY long, but I need help!!

post #1 of 4
Thread Starter 
My DS is 4 months old and I've been dealing with his father's drug use and irresponsibility since I became pregnant. Prior to being pregnant, I smoked pot and was irresponsible too- but everything changed for me the minute I found out I was pregnant. All throughout my pregnancy I kept wondering why he wasn't changing too, why he wasn't wanting to quit smoking cigarettes, or what he wasn't wanting to quit smoking pot and was it just me? And I just assumed that since he wasn't carrying our son, he wouldn't understand until he saw him.

Well, as I said, DS has been born for over 4 months and his father still is an irresponsible pothead who wants to glide through life using others. I tried to make it work many times. I broke it off, he'd call me up crying saying he'd changed and I'd give it another shot. Well, I finally was fed up after he brought DS and I to a drug deal, then made us sit in a room while he and his friends got high and then tried to drive with DS and I. Oh, and when he spent $10 on weed when we didn't even have enough money to pay our bills!! I kicked him out and haven't been back with him since. Well, I have let him STAY at my apartment- because otherwise he'd be homeless. Well, that is until recently.

He found some girl off the site Plenty of fish. And I drove him to meet this girl (an hour away) with the intentions of him coming back in 2 days and then finding a job and getting his own place. I was willing to help him out, because afterall, he is my son's father and I don't want him to be homeless. WELL, after 4 days of knowing this girl- he decided to move in. So, he's living an hour away with a girl that has 3 of her own kids and I guess trying to find a job there. Oh, she also smokes pot- around her kids. Well, this just shows me that he REALLY doesn't want to be involved in his son's life. Because- he has no car, no job and just wants to be away from DS and not have to deal with anything- UNLESS it's convenient for him to. He is "going to find a job." I asked him if he was satisfied with the amount of time he'd be able to spend with our son, living an hour away, working a job, living with a girl who has 3 of her own kids and no car of his own. He said he'll be here 3 times a week (there is absolutely NO WAY that is actually happening) and to FUCK OFF and stay out of his business.

He doesn't care about our son and he doesn't want to be involved- he has continually shown this with his actions of leaving and not doing anything but get on the computer even when he WAS around our son.

What I need to know is- can I (legally) make it so that he's not able to be apart of DS's life? I know that seems drastic- but he smokes pot all the time, cares MORE about smoking pot than DS and has a history of addiction to methadone. I really and honestly believe that he doesn't want to be a part of DS's life, other than when it's convenient, and I just can't STAND the idea of DS crying because his "dad" stood him up. I want to be able to keep him away, to protect DS from him. Not only because I know he'll hurt him emotionally, but also because I don't want DS growing up to think he's cool and idolizing him. He is a drug user and an irresponsible man and that is NOT what I want DS to think is normal.

Also, how would I go about getting I guess full custody without any involvement from him?
post #2 of 4
Given what you've said, I would disengage with him and let him float away. After the required amount of absence from him you should be able to file as abandonment and get full custody.
post #3 of 4
Thread Starter 
Thank you! How long is the required amount of time?
post #4 of 4
My DS's biodad has never met him and is not in the picture. It took a lot for me to get over it (we broke up when I was 3 months pregnant because he had no interest at all). I filed for child support (he had no job so they ordered support based on full-time minimum wage). At the time they did give him visitation but he's never used it. Now I'm in a situation where I'm pregnant with a UAV biodad again. I think he's more likely to be involved, but considering I was about to move to a state away (I haven't yet told him my plans changed and I'll be staying in Dallas which is an hour from him), he really didn't care. My plan? Get child support and make sure he gets no visitation without me there because we'll be nursing. I doubt he'll take full advantage of it, even with me only being an hour away. I've already told him I want a father who's completely there or completely out, for baby's sake. If/when he does the "in-and-out father" role I will take him to court for sole physical custody. I am documenting his negatives (pot smoking - which I actually don't think is bad in moderation and when done responsibly but it is just another thing on my side, drinking problems, putting myself in dangerous situations while pregnant, etc.).

I say document EVERYTHING and file for child support and bring up what you've documented. Hopefully you will get lucky like I did with DS's dad. If not, your documentation of everything should help you in getting sole physical custody. Chances are he won't stick around. I would send him an email or a certified letter stating that it is now up to HIM to contact you if he would like to see his son or hear how he is doing. Then just let it go. Move on. And take the appropriate actions if he becomes an "in and out" father or puts you and/or DS in danger again.
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