Need Some Advice

Amy - posted on 02/27/2010 ( 2 moms have responded )

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To make a long story short..My sonis now an 18 month old but wasa 33 weeker, with many health problems (gastro, eczema, epilepsy, broncial problems).. His father (who is 26!) has just now finally had a paternity test done(i've been trying to have him served his papers since July, he has given me false addresses, cities and all!) and didn't want to see him for the first time until we go to court this wednesday (March 3rd)...Well my sons gmother and gfather wanted to see him On friday the 19th and my sons dad lives with them. I took him over there and he actually had something to do with him and played with him and all. He ended up lying that night saying he had to work 3rd (coal mines) shift and left. He did not work that night!! That Saturday I heard NOTHING from him, but his gma went an bought everything Payton needed for their house. That sunday me and my sons gma went shopping (I've known her for like 10 years) for my son and got him anything he needed. That Sunday his gma asked to keep my son (and she has seen him many times since he was 11 months old!) I allowed her to keep him, my son was very comfortable in the environment, he even told me bye momma, waved and blew me a kiss and normally when I leave he cries, so I felt comfortable leaving him as well. His daddy was putting up the baby bed and playing with him Sunday when we returned from shopping to their house. Monday morning I wnet to college and took my test, and then went to their house to pick up my son, his daddy who woked 3rds and KNEW i was picking him up before 10am was already in bed..Instead of staying up with his son for 2 hours he slept!! When I picked payton up he had a temp and breathign a little rough so took him to the dr, long story short he's been sick all week and ended up having RSV and in hopsital. His daddy only asked about him every other day..wasn't asking if he needed anything just asking how he wasa nd would say ok when i told him..Now his dad is talkign about fighting me for Joint custody first (which I was going to agree to originally but seeing he isn't attempting to build a relationship with my son I am not)...he now has a lawyer to fight me for sole custody (I live in KY)..I do still live with my aunt..my son is very well taken care of, and I do not have the money to get a lawyer to fight him for anything.. I'm so stressed out..My son has anything and everything he wants/needs, I've never had CPS called on me, I've made sure all his drs appointments are made, or arranged, and I have taken him to every appointment. He (my sons father) has even asmuch as told me when I took my son to the dr on monday of this week that I should have taken him sooner (friday we had begun breathing treatments bc he was alittle wheezy, but NOT bad enough to go to dr/or emergency room) and his dr told me to beign breathign treatments.., Monday he was diagnoses with Asthmatic bronchitis, tuesday he was worse took him back to dr, he had bronchial pneumonia, wednesday we tried to wait out for antibiotics/steroids to work, and thursday I took him to the ER where we found out he had RSV and they admitted us. He never came to the hospital, never called, just sent a text message!

Do you think he has a chance with Sole Custody?
I need advice on a lot of things. This is my first child. I do not work bc of his health problems, but I go to college at a community college Full Time, and I also am taking online course for Bridal Consultant, as well as I have a home based business I am starting up...I'm at loss of really WHAT he can do by law in KY. I have been told that he has a different girl around him every few days and i do not want my son around that. I have had my son around one male and that after we dated 6 months and I moved in there when Payton was 6 weeks old..

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2 Comments

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Tracey - posted on 02/27/2010

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While I have not had to go through all this Shi# I have watched my little sister do battle for five years now and always even though he has the lawyer and she can not afford one she wins. Her trick is that when they go into court she lets him and his side talk fist. Then she is allowed to ask questions and have her say and therefore answer any questions about her ability as a patent raised by his side.

DO NOT UNDER ANY CIRCUMSTANCES; show that you are irationally upset or interupt the judge/councilor etc. You are the calm respectable rational parent and you need to show this. Also so not deviate from the case in point. Judges hate when a whole bunch of he said / she said gripes that have nothing to do with the case but are about the parties scoring points for past grievences brought up in the court. AT best you can say 'while I do not agree with what has been said- it is not relative to my being a good parent so I will not waste the courts time answering this unless you would like to hear it".

KEEP A DIARY. You can start this now by getting yourself a note book and writing down the events of every contact either by phone or in person with his family i(ncluding the dates as you have given above), or with doctors, carers or anyone relevant to showing your childs well being and state of mind.

This book will show your attempts to get the father to start acting like a father and all of the chances you give him to be there as a parent for your child. Do not stop the diary if you win the case because if it is anything like my sister this will happen again in the future and you will be armed while he is not.

Do not be concerned that you are still living with your aunt - unless she is a drug dealer of course. lol. This is proof that you are doing the best for your child. You are getting the best education you can so as to be a better provider and role model in the future while ensuring that your child has the benefits of an extended family who love them.

He may be living with his parents and they may even be better off financially but money does not replace a parent who can be relieved on to be there when they are needed- and you are.

Good luck.

Tamara - posted on 02/27/2010

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I can suggest a few areas you might be able to look into that may help. One the idea that he will try for full custody and that he has a lawyer, you can request a lawyer through the courts. they will give you a form to fill out based on your income, most likely you will be approved. You can then counter sue for full custody. I do not know the laws in KY but most are basically the same in these matters. The other fact is that you are the sole caregiver to your child therefore most courts will look down on fathers who don't take an active role in raising the child. You have been taking your son to the doctors as needed and doing everything you can to care for him. he is in a stable home with people who love him. Try not to stress to much on this, from what you wrote it sounds like your case will go your way. I would just go down to family court and ask for custody papers and attorney form and proceed with taking him to court for custody, (you can file your own papers) They have programs that can help you fill them out or have family(Aunt etc) help. Best of luck, I hope it all works out for you and Payton.