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Confused!!  

post #1 of 12
Thread Starter 
I am soooo confused about this situation right now and could really use some advice and opinions if anyone has any. I'll try my best to keep it short and concise. Basically, DD's father and I were never married. We lived together at my father's house while I was pregnant, but after DD was born I realized that the reason that he was always sick was that he was snorting oxy-contin and morphine and he actually stole half of the bottle of Tylenol 3s that I was prescribed by the hospital. I told him to leave. Since I have known him (almost 3 years) he has been fired from 8 jobs, according to him none of these were his fault.

He barely pays child support, hasn't worked now for at least 6 months, lies compulsively, and lives on his father's back porch. He writes me really insulting and strange letters through e-mail, and doesn't seem to take any of this seriously. He calls or e-mails me once a month or so asking to see dd. His mother told me that he was diagnosed schizophrenic, which makes a lot of sense, but he won't admit it and thinks the psychiatrist was wrong. Now, here's where I am getting really confused. We never set up any sort of custody or visitation arrangements in court. We went for the child support and that was it. So, how much do I owe him and what exactly should I be doing? He has no car or driver's license, so cannot come to get dd (a blessing, IMO) and I really don't feel comfortable leaving her with him alone. SO last week I decided that I would offer to meet him at the park the next time he called asking to see her. We went on Sunday, and I did some school work on a bench while they played. But he is so odd and has no concept of what is appropriate and I really don't feel comfortable being at the park with him either. He was playing really wildly with dd, who is only 21 months old and he was running all over the play area. He was pushing her on the swing and then pretending that it was hitting him in the face and falling on the ground, yelling in pain. Of course he wasn't really hurt and now dd thinks pain is hilarious. Really that is minor compared to other things about him.

Anyway, this all kind of came to head today. Last night his mother (who is relatively nice and reasonable) called me to invite dd and I over to swim with her today. I said yes and called her today to let her know we were on our way. And he answered! And then he mimicked me as he handed the phone to his mother. I felt completely set up. She apologized and said that she didn't invite him over, but come on...What do I need to do? My mother is convinced that I can get free legal aid, go to court and have him declared an unfit parent. I think she's dreaming. She's really worried about what would happen if I died. I did go to see a lawyer about a year ago (which cost a whole lotta money I didn't have) and he said that I was best leaving well enough alone, because this state (FL) is very father-friendly and the judge would likely give the moron lots of visitation and just tell him not to do drugs during a visit.

Do I have any options at all? I know that I'm not being resentful towards him and imagining that he's worse tha he is. He's pretty bad. On different occasions at his father's house, when I have brought dd over in the past, he has let her eat dirt in the backyard and chew on his toothbrush. And that's just the stuff he told me. I would really appreciate advice! Thanks!
post #2 of 12
The best thing about free legal aid is that it doesn't cost anything. It's no financial skin off your nose to go apply and get a second or even third opinion about your options. This guy sounds pretty troubled, and I can see why you're concerned.

Also if any of this stuff, like the diagnosis, has happened since you last spoke to an attorney, it could change the situation drastically. And what would happen if he or his family got it together enough to file their own custody suit? You may want to get proactive for that reason alone.
post #3 of 12
I'm not a lawyer, but I think that even in a pro father court, a schizophrenia diagnoses and a patient who refuses treatment is a pretty sturdy leg to stand on. You would probably end up having to let him have supervised visits, but that's where you're at now anyway. I agree with the pp- someone could decide to bring this to court themselves- and then you might be in a one down position with the court.

Is his mom on the same page as you with his behavior being outrageous?
post #4 of 12
Thread Starter 
Hmm...it's hard to tell if she actually agrees with me about him or not. She says that she does, but when I told her that I woul d prefer not to leave dd with him alone, she acted appalled. She said that he would never do anything to hurt her. But she also said that she trusts my opionion and just wants to be able to see dd sometimes.

Is legal aid county by county? When I looked into it a year ago, I called some number that I think was at the county courthhouse and they said they weren't accepting any new clients, period. No wait list or anything. Is there usually something else available?
post #5 of 12
As long as you have custody (which I presume you automatically have since you were not married), then I would not stir up the pot, so to speak. If he takes you to court, of course you will react and point out that he isn't being treated for his diagnosed schizophrenia, etc. But if you take him to court, he will of course feel compelled to gain something. Definitely get a second legal opinion on this, but if he's too lazy and uninterested to get visitation settled legally, it's not on your shoulders to get it for him, and I can certainly see why you can't trust him! At least his mother told you about the diagnosis, but I wouldn't be telling her too much about your own plans...
post #6 of 12
In my state, there is no presumption of one party having custody of the child in absence of marriage. If he is on the bc, that is typically enough to give him the same rights as you.
post #7 of 12
http://www.floridalawhelp.org/

Free Advice forums This is a great place to post legal questions and get a little direction.

I agree with pp that with the mental health issues and DX coupled with the refusal of treatment gives you a good case for supervised visits.

I'd like to say leave it alone but you said his mother told you she wants to see her and with so many grandparents getting rights these days that would worry me more if she decided to file something.

Post your situation on that forum and see what they say. There are actually a lot of attorneys that read it and answer.

Good luck!
post #8 of 12
Thread Starter 
Thank you so much for all of the advice and opinions! I'm definitely going to post on that site, Oceanjones, I just haven't had time. But I did look at it and it looks great, so thank you for telling me about it!
post #9 of 12
Glad it was helpful. Let us know how things go
post #10 of 12
Try contacting your local NAMI (National Alliance for Mentally Ill) or Al-anon chapter. See if they have any resources for supporting families affected by those who are mentally ill and/or drug abusers.
post #11 of 12
In the state where we lived when Rain was little (Arizona), if there was no custody order, full custody went to the parent with whom the child had resided for the greater part of the last 6 months. Therefore, when I went to legal services (free at the university where I was a student - check and see if your college offers this as well), the lawyer told me, basically, not to rock the boat, because as things stood I had everything and he had nothing. So, I never got a formal custody order, and I had complete control over visitation, and everything.

Rain's dad was a lot like your daughter's dad, except he as also an ex-con, and I never attempted to get child support. He didn't get out of prison until she was almost 4, but he played similar games with her, when we visited him and when he got out. We did a lot of visits at the park, too, and at McDonalds, and coffeehouses. I didn't leave them alone together until she was much older, and I tried to suggest activities and sort of guide him into better parenting, without being pushy. I was never completely successful, though. I put my foot down on any sort of physical contact without her permission - he felt very strongly that she should kiss him good-bye, for example, or give him a hug when he asked for one, and I know that he probably didn't get a lot of physical touch and it meant a lot to him... but I did step in when he would try to kiss or hug her while she was saying, "No!", which pissed him off.

Dar
post #12 of 12
Thread Starter 
Ok, dd and I just got home from spending the evening at ex's mother's house. We actually had a nice time. She agrees with me and is pushing him to get a psychological eval. on his own. She also is fine with doing supervised visits at her house, with her as supervisor. So, I suppose that's really all I can ask for, for now. I feel better anyway.
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