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Intruding on our family...

I recently attended a custody trial for my 2 year old son. My girlfriend and I have been together since I was 5 months pregnant. The father was NEVER interested and at one point almost signed his rights over to avoid ever having to pay child support. Once my girlfriend and I moved out of the state to live near her family, the father filed for custody and visitation. His main request was for the child and I to return to his state. We just went to trial and his testimony was horrible. In my opinion, my atty tore him apart on the stand. However, the judge seemed to be unaware of the father's shortcomings and almost seemed to favor him. We are awaiting the ruling still. My question is, do you believe this "father" has the right to dictate where we live and come in now, after 2 years of absence and ambivalence, at the behest of his mother and my mother (whom I do not have a relationship with because of her utter disgust at my being gay)??? Thoughts??? Thnx;)

The Emperor Has No Clothes's picture

I believe that it is in the

I believe that it is in the child's best interest to have a relationship with both biological parents whenever possible. I can understand why comes as an unwanted suprised to you, compounded by the stress of a trial, although when I think about what's best for your child, I don't see how having him in her (I'm assuming your child is a she because it's easier to type) life can be a negative thing. While I don't think he has a right to say where youy live, I do think that he has a right to partial custody and ample visitation, particularly if you do live far enough away that he can't have weekly visitations. I am by no means justifying his absence, but thinking about the child's long term rights and in reality your child isn't going to remember her father wasn't around for the first two years unless  either of you tell her. Living would be more convenient and would make visitations easier, particularly since the child's so young there could be much shorter visits. It's going to be hard for a toddler to go away to stay with her dad for a week or a month without the opportunity for more frequent shorter visits, because he will be a virtual stranger.

Courts usually decide these things based on what is in the best interest of the child and I can virtually guarantee youy the child's father will have some type of custody and visitation. Hopefully both you and the father will be able to come to some kind of understanding because the more you can work with him rather than against him, the easier things will be for your child. That's who's most important. Your childs part of her father's family, and while it may feel like an intrusion as your suggest in the title-- if you try to remember that he's her family as well, it might help you feel less angry.

I've worked with a lot of divorced families and the kids always do best when the parents are supportive of the relationship of the child and their ex. Sorry if this isn't the answer you wanted to hear.

jacksmama22's picture

Open to any Comments

Thank you for taking the time to give me your honest opinion. Just so I am clear, I would never deny the father a right to see his son (he is a boy;)). However, I have a happy, loving, and supportive life in the state I moved to. Even since the father filed for visitation, he has done NOTHING to show he is even remotely interested in our son. He doesn't know anything about him. I frimly believe that he is young, so his mother and my mother are fueling his efforts in this case. I do not think that is right. It should be his desire to a part of his child's life, and I have seen nothing to show that. I agree he should be a part of my son's life, but we shouldn't have to uproot our happy home for his convenience either. I guess it's a complicated situation.
The Emperor Has No Clothes's picture

I've seen my share of cases

I've seen my share of cases where grandparents were pulling the strings in situations like yours and it's a shame. You are right it should be about the father. If he wants to see your son, he should be proactively trying to do that. I've been estranged from my parents for over 20 years and I would fight tooth and nail for them never to have access to my kid,not out of spite but out of fear. I hope things work out in your son's best interest. BTW, I guess if I looked at your screen name I could have figured out you had a son and not a daughter LOL.

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