M.S. asks from Independence, MO on November 13, 2007
Touchy Subject ... Trouble with the "S-donor" ...
During my pregnancy, the "s-donor" disappeared. Towards the end of my pregnancy, he contacted me. He’s decided he wants to be a part of things … but it’s on HIS terms. He is very controlling, selfish, plays mind games, and tries to manipulate everyone and everything to benefit him, and only him.
I’ve tried to work things out, but I just can’t conform to his terms, and I can’t force my son to do the same. He expects us to set a precise daily time schedule and stick with it. He wants me to get a medical expert to advise when I should stop breastfeeding, and agree, in writing, to that timeframe. Let me state that my son is only 8 weeks old, today.
He also seems about the monetary value of my son. He is researching his tax rights and has stated that we are entitled to 18% of his income for child support. (He’s never given me any support for anything.)
I agreed to have this man’s sister watch my son. I thought it would allow him to spend time with my son, supervised, on a regular basis (he stated he’d be there every day). From what I know, he shows up for about an hour, then leaves, and this is on whatever day he shows up.
I’ve weighed the pros and cons of this man being involved in my son’s life. The only pro I can come up with is for my son to have someone to call “dad”.
So all in all, I want this man to leave us alone. He's so worried about his tax right-offs and putting a monetary value on my son, that he's blinded by the real issues here. He's not willing to make any sacrifices and has nothing but excuses.
He is not on the birth certificate, and I do not want anything from him (i.e. child support, etc.). But what can I do to protect my son? And also myself? I'm not sure what his rights are. I'm not sure if he will fight me.
I have arranged for my aunt to start taking over my son's childcare to break that tie. I’m worried that he will start harassing my aunt and me. So I’m not sure how to let him know that we are breaking lose of him completely.
What I don't get is why a man can walk away and is only responsible if the mother fights him through court for support, and it’s ok. However, can a mother take her child and walk away and not want anything from this man that has disappeared once already? Can’t I say, "Leave us alone. We don't need anything from you."? We’ve been doing well by ourselves, can’t this just be how we keep moving forward?
So What Happened?™
Thanks, to those who have responded. I knew I'd get mixed feelings. I also knew I'd get support from both sides (mine and his), and that is kind of what I wanted to see. Thanks, again. I know the bed I've made is the one I'm going to have to sleep in. I just want what is best for my son. The s-donor has repeated on numerous occasions that I can't raise my son to be a man ... but if a "man" is someone who walks away from his responsibilities, then he can't raise him to be one either. He's also stated that men only become fathers once the baby is born, not like us women who become mothers when the child is conceived. This, I don't agree with at all. I have a father and several male role models in my life that have been with us and their children since conception (meaning, involved in every aspect of the pregnancy and our lives since), so I don't know what men he's talking about.
It sounds like i just need to get some good legal advice. From what I've been told so far, things will work out in our (my son's and mine) favor. Thanks!
Featured Answers
T.F. answers from Oklahoma City on November 16, 2007
Please contact a family law attorney. Since he is not on the birth certifacte. The only way he can profe it is a DNA test.
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B.S. answers from Topeka on November 17, 2007
I know totally what you feel like with the s-donor....but I would totally stick to your guns my sons father did the same thing to be and we did walk away from him because he didnt want to have to give up his money for his son or pay for the court costs to get his way. I do believe that your the mom and you know what is best for your son and there wont be a void in his life...he has you and if he starts asking tell him that he does have a father that loves him very much and he blessed you with the best gift ever and that is the good Lord above that is what I tell my son....if you need anyone to talk to I am here for you. Totally know what your going thru!! B.
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L.M. answers from Topeka on November 16, 2007
You really need to contact an attorney who specializes in this type of thing. Based on what I've read, the guy is only interested in what HE can get from this. Since he is not listed on the birth certificate and you have chosen to not get child support, there is probably little he can do. But if he decides to petition the court for visitation, they'd probably request a paternity test. If it is determined he's the baby's father, they could grant him visitation. That gives him rights to be there. This is a very tangled situation.
This man is manipulative, and he should not be in your life at all. If he is actually interested in his child that is one thing, but he can NOT, and you MUST not, let him control YOU. If you choose not to contact an attorney, then you may have to file protection orders against him to keep him away from you and the child...but again, that may lead to his filing paternity. It's a vicious circle....
Sorry I can't be of more assistance.
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E.R. answers from St. Louis on November 16, 2007
go to a lawyer. find out what your rights are. get it through court that you want full custody and nothing from him. Maybe you can convince him to leave you alone since he is not on the birth cert, and he would have to have a DNA test done to prove paternity.
This man sounds horrible, and NOT someone that you need in your life or your son's. Do what it takes to get him out. Even if that means a restraining order. He sounds like that type of man that is super controlling and could become dangerous when things don't go his way.
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L.A. answers from Kansas City on November 16, 2007
You need to think about if you really want to deal with this man, every day, for the next 18 years. It sounds like he sees his son as a possession, and not his child. He doesn't seem worth the stress.(the guy, I mean, not your baby!)
You were smart not to put him on the birth certificate. I would seek a family law attorney, and have his parental rights terminated. You seem like you can get by without his money. If you can't afford an attorney, try Kansas Legal Aid.
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A.R. answers from Kansas City on November 16, 2007
Hi M. - I know you have a plethora of other responses, but I thought I'd give you my two cents worth, having been in your situation. Unless his signature is on the birth certificate, you don't "owe" him anything...not time, not visitation, not parental rights. The only way he can get any of these is to petition the court. This means he has to prove paternity, and he pays for the test. Then he has to get the court to serve you papers regarding visitation, custody, etc. After that, if you live in Missouri, you can request up to 4 hours of free lawyer mediation to see if you two can agree on all issues regarding your son. If you do agree, it goes to court and the judge makes it legal and binding. If you don't, you either pay for additional mediation services or the judge makes a decision for you. Obviously it's better if the parents agree without the court's intervention but that doesn't always happen.
Taxes are one of the things you get hammered out in mediation. Most people trade tax years, meaning you get to claim your son one year and the father gets to claim him the next. Another thing is that the child support amount is a bit more than 18%. I realize that you don't need his money, but please be aware that you don't have to take any kind of monetary offer from him...it's all done by the judicial system and it'll be more than that percentage he's given you, especially if you pay child care expenses. Last, and certainly not least, please please please - be careful about dealing with his family. That old saying about blood being thicker than water is never truer than in this kind of situation. I've found that "his family" will betray you faster than flies hit manure...so until you have any kind of court order, you're far better off letting your aunt take over caring for your son.
Personally I'd wait and see if he hits you with some legal papers...if he does, then you can see about getting a lawyer. If he doesn't, then you're free and clear to do what you want with your son. You sound like someone who has her stuff together, so be strong and tell this guy that unless you see some legal documents he can take a flying **** off a rolling donut! LOL Good luck!
--A
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V.L. answers from Oklahoma City on November 16, 2007
I just wanted to wish you the best of luck with all of this! I disagree with some of the other advice... I think that no father is better than a bad father. I know plenty of women who raised happy, well adjusted children (even boys) on their own, and theres nothing to say that he will not have a good father figure in his life in the future. YOU are the one who has been there for your child since day 1, and YOU are his most important advocate. You do what is right for your son, because only you know the complexities of the situation. Take care!!!
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S.P. answers from Kansas City on November 15, 2007
M.,
Congratulations on the birth of your son. I'm sorry you're going through this trying time. This should be a time of total joy...
S-Daddy will be allowed by the courts to have contact with his son, because the courts favor contact for a child with both parents. But S-daddy doesn't live with you, and has NO say over how you parent in your home. When you guys do agree - great. But if not, oh well.
If he doesn't agree, maybe you can explain it this way: When your son is older, maybe he will spend the night with his dad occasionally (or regularly). You won't have much control over what happens under that roof. For example, if S-daddy eats McDonald's three meals a day, that's his choice while your son is under his care.
Remember, if you two were on the same page about stuff, he wouldn't be the S-Daddy - he'd be a permanent fixture in your life! It's something to strive for but don't have too high of expectations from each other.
Likewise, he doesn't have the right to walk into your home any time he wants to be with his son - since you're not married, you have a right to work out a visiting schedule that makes sense for your son AND FOR YOU.
And as for money, regardless of what the S-Daddy believes, you should probably negotiate both a visitation arrangement and a child support plan with a mediator or through lawyers. There is a government child support formula and it will be his OBLIGATION (not his choice) to turn over that money. Whether he thinks it's a fair amount or not.
I guess on the good side, it apparently took him a number of months to decide to "do the right thing." Maybe he's just too intense about what the right thing is. Maybe the idea of having a child scares the bejeebers out of him, and feels like a huge responsibility. Maybe that makes him feel like he has to figure out EXACTLY what to do for the kid. From your description, it doesn't sound like he's very open to having a reasonable conversation about these matters. Maybe he'd attend parenting classes, or see a mediator or counselor with you to talk through some of these issues. A child psychologist would be handy - someone who can help him understand the needs of your son. For example, a psychologist could tell S-daddy a firm breast-feeding cut-off is not a good idea because it doesn't allow for the individual needs of the particular baby and mother.
Anyway, I strongly second that you talk to a good lawyer and make sure you know what the S-Daddy's rights are, and what yours are. And remember, he may be the daddy, but he's NOT your boss. Period.
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A.A. answers from Kansas City on November 16, 2007
If he starts harassing you or your aunt, this may actually be good, ultimately. This gives you much better backing for your desire to have him out of your lives, at least in they eyes of the court. I completely understand your frustration with the double standard of men being able to leave whenever they want, but women not being able to do the same. Sadly, the courts protect fathers... even bad ones. I am in the middle of a custody battle and I was advised that regardless of the fact that my daughter's father is jobless and unable to support her and that he has done zero throughout the two years of her life to take care of her, he still gets half visitation. It's absurd and angers me to no end. Good luck and I hope that it works out for you and for your son.
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