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Well SO might go for terminating rights!

AshMar654's picture

This week had a small little scare, I was a week late and I am never late. SO and I had some serious conversations about things and what not. I am not expecting and thank goodness because we are not in the place for that right now and need way more time.

Anyway during the conversation we debated if it came down to it what would we do. I told him I had no idea and we talked more. He said well we have SS9. I get so frustrated when he says things like that. In SO's mind he this is his family and that is that and his son loves me and blah blah blah. I have to keep reminding him over and and over that SS9 is not mine and I do not have him. Something happens between us or something happens to him I will be cut out of SS's life, (probably). That is all I said and left it at that.

SO's response, well we will go to court, file the paperwork and start the process. I asked back "are you ready to open that can of worms?". His response we have to at some point. Nothing was talked about what would happen after he petitioned to terminate her rights. We will discuss options after we are married.

I think he finally gets what I have been saying to him and his family this whole time, ever since it was brought up the first time. If something happens to SO, SS's BM will have full rights to take him and keep him. I know that is not what SO wants and he knows that is not what will be best for his son.

I was surprised he said he wanted to take action about it all at this point. I thought it would be years before he took that step it ever. I am letting him choose and figure things out. I am scared at the same time because things are pretty great, not really sure I want to rock the boat. I also get why he wants to do it. I am just not giving my input on this too much right now. I simply just state the fact of what would happen if something happened to him. I only mention it when he says "WE have ss".

Also for now it is just words we will see if he takes the action, who knows maybe he wont and he was just talking out his butt.

Comments

Dontfeedthetrolls's picture

I don't know how to say this without being rude but it feels like the only reason you aren't accepting this child is because of BM.

Apparently you're willing to adopt the kid but you can't play family right now?

This doesn't seem like a good plan. Trust me I understand the fear of something happening. My SO talks about becoming a cop or trying to rejoin the military every other day. Given he wouldn't make it in but the idea scares me to death and it is because I would lose the kids completely. That's just a fact of life but to think I'd use that to completely reject them?

I'm sorry I think you need to slow down.

AshMar654's picture

I do accept the child. Never said I was adopting. I think SO wants to go forward with the termination because I think it is finally setting in. In order for his wishes to be carried out if something happened to him in regard to SS he has to make sure he has all the say no matter what.

Again I do not know what that is and I am not telling him what to do. His choice. I was surprised he even said what he said last night.

Dontfeedthetrolls's picture

The thing is the kid wouldn't default to you unless you did adopt the child.

You will still not have legal rights to the kid. He could attempt to put it a will that you would take over care for the child but any number of family members could fight for custody and still block you from the child should anything unthinkable happen.

Dontfeedthetrolls's picture

Let me add that you appear to be saying that you can't care for the child and don't consider him apart of 'your' family with SO.

Yet you're adding that you don't intend to adopt the child.

If I understand you've expressed worry about losing the child if something happens to him and BM steps up to take him.

My main question is how will him terminating BM's rights impact your relationship with the child. Will you still reject the child as part of 'your' family with him?

Because again without adopting the child you get no extra rights just because BM is out of the picture.

Livingoutloud's picture

Unless you adopt SS judge wouldn’t just give you the child regardless what was dad’s wish. Kid will be with his aunt and grandparents or what other relatives will step in. That’s how it works

AshMar654's picture

I understand how it works when it comes to me. I am not worried about me. As of now though wouldn't his BM get him because she never terminated her rights. I do not think the Aunt or g-parents will get custody of him either without a battle. I think a judge would not favor the aunt getting custody at this point.

Dontfeedthetrolls's picture

But what is your whole point of this anyways. Why does it matter?

Your expression from the best I can understand that there is some barrier to you feeling that this child is part of 'your' family when it comes to you and SO.

How does the mother having rights prevent you from caring for the child? It doesn't make sense to me. Mom being out of the picture isn't going to change anything between you and your partner or your home life with the child.

I feel like mom having rights is an excuse of some sort even if it's not something you are doing on purpose.

Its a cold fact of step life that unless we can adopt a child we may lose them if anything happens to our partner.

You say about who all wouldn't get the child if your partner died but the thing is you wouldn't either unless you were willing to step up at his death and adopt the child.

Without a mother or father if there were no acceptable family the child would be taken into state custody. A judge might question your motives for seeking to keep the child after his fathers death. He might question why do you care now? You've had x amount of time to adopt and chose not to.

My point is you need to focus on your relationship with the kid and stop using the mother as a wall to caring about the child.

AshMar654's picture

My point of this is, the scary thing that SO is ready to open the can of worms. Who knows what will happen. I have no idea.

This child is my family and I really do love him and while it had only been a short time all three of us living together, we are a little family and SS is really great. Apparently he asks my SO when I am getting home some days and if he says in a few minutes he sits on the chair and watches for me to pull in. Sometimes he is already in the garage waiting for me. I am not totally shut off to adopting at some point. I just was not going to speak about the subject until we were married. SO threw me a curve ball last night.

I understand the cold facts. I try to get SO to understand them too. He is way more delusional about it until last night, it finally seemed to sink in a little after we had this minor scare. I have no rights.

I am a planner and I just simply remind SO while he may really want one thing that is not the reality. I get my role in all this, I just try to get SO to understand.

It is not just the BM and terminating her rights. SO does not seem to think this would happen but I do know it will. If say two years down the road something happens and SO and I are married and he states he wants me to have SS if something happens to him. That is great. I tell him sure no problem minus his BM still has rights and pretty sure your family would not let that happen. I just tell him the facts. He thinks it will all just work out and be so easy because that is what he wants. I bring him to reality.

Livingoutloud's picture

What exactly do you worry about then? You first worried that BM will get a child and SS doesn’t know her. Then you worry that aunt would get a child. What exactly are you concerned about? That aunt will get SS and not you? Is this about aunt that you dislike? If you have no plans to adopt SS then what exactly is going on?

I also don’t understand your SO. He isn’t very smart is he? He hasn’t been with you that long and isn’t married to you, yet he is already in a rush to terminate BMs rights (which he can’t even do!) and will you his child (which he can’t do either) and apparently you two never discussed having kids together because now he says you don’t need your own kids.

AshMar654's picture

While I never mentioned adopting I also never said I wouldn't at some point down the road.

This post was just simply about being surprised about what SO said last night and preparing for that can of worms to be opened.

I worry about plenty when it comes to this issue in our house. How will this decision effect SO, SS, and me? What situation is best for SS? What situation is best for my and SO's relationship moving forward? SO many factors to think about and to wonder.

Livingoutloud's picture

The point that there is no cans of worms to open and there are no decisions to make as SO cannot terminate BMs rights. You two worry about something that simply cannot happen. Instead of worrying you two had to seek guidance on this and do some investigation and then you’d know he can’t terminate her rights.

ESMOD's picture

So.. again, how long have you two been together?

This is a big step and a big responsibility. There honestly doesn't seem to be any reason why you can't help to take care of the child while you are together with his father. Before you to forward with terminating and adoption, (courts will likely not terminate unless there is a step parent willing to accept that role), you certainly need to be married. I imagine a judge would want to see some evidence on your relationship that it is solid and long lasting before they would agree to allow it too.

AshMar654's picture

I never said I was adopting at this point. I did not even mention what SO's plan is for SS after he goes forward with terminating her rights. I have an idea what he wants to do after he terminates if that does happen. It is not something that is being decided right now.

I honestly can say I think he should terminate because if something happens to SO, I honestly do not think SS going to be with a BM he has never known and has no relationship with is what is best for him. Do I know what is best, NO. Am I going to tell SO what to do, NO. SO has decide these things on his own on what is best for his son.

ESMOD's picture

From what I have read, they won't just "terminate" without another parental party ready to step up to the plate. They view the child as having a "right" to have two parents and if your DH were to pass, they would expect her to financially step in to support the child and not allow it to become a burden to the state.

So, your DH has his cart before the horse so to speak.

If he really wants to figure out what is going to happen, he can contact the BM himself and ask her if she ever intends to take custody and would she try if he were deceased. I think this "ostrich" head in the sand attitude towards his EX is a bit baffling.

He needs to take the bull by the horns and ask his EX if she plans on being part of her son's life... ever. Honestly, he is doing his son a disservice by not finding out what the reason for her estrangement is from her own child.

Now, he might find out that she is an addled addict who doesn't care. BUT, she could get sober in 3 years and come knocking on the door.

I don't believe he will be able to terminate without being married to you.. and you being willing to take that place PLUS his EX allowing it.

AshMar654's picture

I think he can petition to terminate here in our state, by simply proving abandonment. If they ask if he has a plan in place if something were to happen to him. I am sure he would have the answer. I am not going to tell him what to do. His choice.

If you knew my SO and the whole situation and all the history it would not be so baffling. I do get his perspective. His whole family had this attitude about it and no one ever told him hey you got a plan for SS if something happens. The all just assumed the g-parents and aunt would take care of SS. They all live in their own little world. I was the first person that ever really asked what his plan was and flat out told him it does not work that way.

He does not want her in his son's life at this point. He has felt that way long before I came along, that feeling has nothing to do with me.

From what his family has heard through mutual people that know her she is clean, married, and living with three more kids.

BethAnne's picture

I love how a piece of paper is supposed to fix your maternal urges. This is a crazy solution. Are you saying that if you adopt ss you will not want any bio kids?

AshMar654's picture

Never said anything about me adopting. You really like creating your own story here. Never mentioned any of that stuff.

BethAnne's picture

Maybe I miss-interpreted what you were writing.

To me you wrote that you had a pregnancy scare, you two discussed what you would do if you did really get pregnant, your SO said well we already have a kid (ss)-I took that to mean that he was implying you two don’t need to have any more kids, you told him he isn’t my child, so your SO decided to fix that by proposing terminating bm’s rights and I took that to mean that you would also adopt the child....because otherwise he still is not YOUR child. Then if that happened I took that to mean that you would not need to have any more children as you would officially have a child (ss).

This is how I interpret the events that you described - in case you were curious where my ‘story’ came from.

AshMar654's picture

You did a lot of interpreting. That is not the story.

Livingoutloud's picture

I think it’s too early at this point. You two aren’t even married. Knowing that you have been only dating and then living together recently and do not even have a date set for the wedding it’s unlikely judge would go for it. Also SO has to find BM and inform her. It’s not hard to locate someone

Livingoutloud's picture

In absence of adoption the only time they’d terminate parental rights is if BM is proven to abuse/molestation/seriously neglect a child. No judge would just terminate parental rights for no reason.

AshMar654's picture

I know, I would say being absent for 5 or 6 years and pretty much having limited contact prior to that is enough to prove neglect. I know that SO does not want SS to go with the BM as SS has no idea who she is or any memory of her.

His plan at one point was for SS to go with his Aunt and the g-parents would be around to help. I am not sure what the plan is now. SO and I would have to discuss that.

ESMOD's picture

Actually, that isn't neglect.. that is more like "abandonment" and considering your DH was there to care for the child, the child technically didn't suffer neglect.

The court will still want her "on the hook" because if something were to happen to your SO, they want another parent to step in to financially support the child. They aren't going to let her off the hook in that way. Now, she may not be forced to take physical custody, but the state will want her to financially step in so they don't have to.

Dontfeedthetrolls's picture

This same fact is why alot of courts wont terminate rights without someone stepping in.

In my aunts state she can't get any sort of state help for her son until she can show that she has made a real effort to go after the father for CS first. It's a mess that's been going on for years because the man on the birth certificate keeps dodging the orders for blood testing.

The state doesn't care. They don't want to provide for the child because in their eyes he has a mother AND father who need to do so first. If the state lets mom sign away her rights and obligations they run a higher risk of having to pay out support for the kid.

AshMar654's picture

The truth is she would not need to be on the hook for any support. I know that the aunt can financially support SS and I know if something happened to SO I could too on my own. I know the g-parents can as well. No one would need any assistance.

I understand what they state would want. She does not pay anything now and never has. The whole situation is just odd to me. She broke up with my SO whole pregnant and never returned his calls, did not even tell him she had the baby he heard from another person. She did not put my SO down on the original birth certificate and gave my SS her stepdad's last name not even hers. SO had to get it all changed when he got full legal and physical custody.

Livingoutloud's picture

Being absent is good reason for losing custody and visitations. It’s not a reason for termination of rights . You two don’t seem to know enough about it.

Also judge would make a decision if and who is a suitable guardian for a child if something happens to SO. Whatever plans SO makes wouldn’t make a difference. His plans could be considered but not set in stone.

WalkOnBy's picture

BINGO!!!!

Medusa still has her parental rights even though she hasn't laid eyes on her children in almost 6 years.

It would NEVER occur to DH to pursue terminating her rights because a) there is no reason to do that; b)I am CERTAINLY not adopting them; c) DH would never ask me to adopt them; and most importantly, it's not his business to remove his kids relationship to their mother, however good or bad that would be.

Livingoutloud's picture

Being absent isn’t considered a neglect. Child wasn’t abandoned on the street. He is with his father. It of course doesn’t make BM’s actions ok but it doesn’t quality as neglect. SO can’t just terminate her rights because she hasn’t been seeing her child.

As someone else posted you two don’t seem to know what you are talking about, you kind of make up rules the way you think it should work. None of the things you mention are correct. Why don’t you listen to others who do know?

AshMar654's picture

I call it neglect. She left this boy without a mom but decided she could be a mom to her other kids.

I am listening. I will take the information back to my SO.

Livingoutloud's picture

“You” call it neglect. But you will not be terminating BMs rights. Neither will SO. You don’t get to decide what to call neglect in the eyes of the law. You two don’t make rules.

You also don’t know why BM stopped seeing her kid. We have members on her whose husbands stopped seeing their children for number of reasons. No one know what’s going on in other people’s families. It’s suspicious that SO isn’t telling you why BM stopped seeing SS. I bet there is more to the story.

AshMar654's picture

If there is only she knows. Maybe my SO's parents know and are not telling. Maybe the Aunt knows and is not telling. Maybe one of them paid her off, not my SO he did not have money back than. I do not think that is the case. I truly think none of them know why she just stopped all contact.

WalkOnBy's picture

Or maybe your SO knows and isn't telling you.

There is a reason she walked away. You just don't know what that reason is.

Livingoutloud's picture

So your SO has no idea? Did he ever ask why she isn’t seeing it calling him? If my ex vanished I’d ask what happened and where is he at. If he petitions for termination judge would ask if he ever contacted BM to find out why she isnt seeing SS. It’s not normal to never ask your ex if he or she ever wants to see the child. It’s also not normal to not pursue child support if he was broke.

He knows. Just not telling

AshMar654's picture

Stop, please. My SO does not know. Who is to say what is normal. It is not the norm for a mother to just walk away and never make contact but she did. She is the person who wrong in this situation. She chose to not contact. It was her responsibility to have a relationship with SS not for my SO to ensure that happened.

SO was not broke at the time and had the support of his parents. He does not know.

secret's picture

I know someone who has custody of their child, and they haven't seen/heard from BM in years. A 30 year old man, with a now 10 year old daughter.

The BM literally got pregnant to trap him - and when it didn't work, she spiraled. The dad tried - he really did - he ended up moving out, and would see the baby girl every weekend.... it wasn't long before he realized mom wasn't a mom. She would neglect her, leave her in dirty diapers, wouldn't feed her more than necessary... of course, was mother of the year otherwise. She had 2 other kids, maybe 5 and 7 at the time the little one was born.

The final straw, was when dad received a call from the school on a Wednesday, saying the kids hadn't been at school for the last few days, was everything ok... he was listed as an emergency contact... he said he didn't live there anymore, but that he'd go check in.

Turns out mom of the year had left to go party, on a Monday night... hadn't come home... Tuesday went by.... mom's not home... Wednesday went by, mom's not home... so he knocked on the door Wednesday afternoon.... 7 year old opened the door... dad walked into heartbreak...

his baby girl, maybe 8 months old at the time, was in her playpen, which I guess the kdis had dragged into the kitchen.... the bottom of it was covered in cheerios and dried patches of milk and urine, as feces... her diaper was... well, non-existent it was so full... exploded bits of it everywhere... those little beads, you know?

The 5 year old and 7 year old were in their pj's, faces dirty with leftover peanut butter, jam, whatever they'd had... there was a bag of bread on the table that had clearly been dived into by the kids... a box of cheerios was spilled, the empty milk container on the counter, with another bag left on the counter not opened but getting chunky... pieces of random fridge foods were strewn around all over the counter... things like cheese slices, half eaten apples...

He cleaned the kids up and took them to his place... it was Friday before mom called him asking if he knew where the kids were. Keep in mind only the baby is his.

He told her that he wasn't going to press charges nor cause trouble for her, if she just let him take the baby... she could keep the mother's allowance, everything... but that he never wanted to see her again. She apparently said "gladly!" and they never saw her again.

Maybe she just wasn't mom material.

Livingoutloud's picture

Omg I hope other two kids were placed in good care.

It could be that this mom did the same thing especially if she was drugged up and only 18

secret's picture

I'm not ever going to judge a parent for walking away from a child.

There are just so many crappy parents out there... when you are someone who KNOWS you're not cut out to be a parent... it's probably best for the child to walk away. Sucks for the child, no doubt.

Someone giving up the child for adoption, does so for a variety of reasons... but the bottom line, they can't handle taking care of the child, whatever their reasons may be. Someone doing it a little later in life... sucks more for the child, but maybe they tried to make it work... maybe it took them a year, two years, to realize they couldn't do it. Maybe mom was 17... maybe mom decided she needed to get her life together... maybe now that mom is 25, 26, she can handle having a child... it's harder to give up a child for adoption when there's an established family dynamic, much easier to cut & run.

Better for the child to be left behind with someone who loves them, then to be subjected to years of knowing what it's like to feel the disdain one's own parent has towards them.

Who cares why she left. She left. The kid is with family who cares about him. That's what matters. Sure, it sucks for the kid... the unknown always does. Dad knows her name, but doesn't know her reasons. If the kid wants to find her, he will... and that's all dad can do for him... Give SS the information to do with what he will.

Livingoutloud's picture

Exactly. She was only 18 and was on drugs. It explains a lot. Perhaps grandparents offered to take care of a baby as she was in no shape to do so

secret's picture

I honestly don't see it as neglect.

Abandonment, maybe.... but not necessarily in a "bad way". No different, really, than leaving the baby at a safe haven place.

At least he was with family.

The short simple answer could be "sweetie, your mom was young, and not ready to be a mother. She didn't want to have an abortion, and she knew you would be well loved and cared for by your dad and your grandparents. Instead of giving you to strangers for adoption, she let you stay with your dad."

End of story.

Livingoutloud's picture

Giving children up for adoption to a safe family isn’t considered neglect. Why letting grandparents and the father taking care of a child is neglect? Would it be less neglect if she left a baby with adoption agency? Neglect would be continue keeping baby by your side while drugged up and not providing child with basic care. Making sure baby stays with reliable family members isn’t neglect. Especially since she was so young.

How old was SO?

AshMar654's picture

20 when SS was born. She still chose not to be in his life. No one knows why she just stopped. SS has no memory as he was like 2 maybe 3 he met one of his siblings. She was there with the baby the last time she saw him. Her husband has also met SS when he was really little. My SO met the guy at the one birthday party. There are pictures of her there interacting with SS and being all attentive and it just all stopped.

Livingoutloud's picture

It didn’t stop for no reason. If she continued at least occasional visits and then just stopped there was a reason. From what you mentioned before about alienation tecnhique they used (didn’t they crossed moms name on a card or something?). Something happened for her to abruptly stop. Your SO isn’t telling you but trust me he knows something. I’ve been around the block. No one just abruptly stops. Also did SO not wondered if she got sick or died? She disappeared and he was like “oh ok”. Don’t believe it

secret's picture

Maybe she realized it was better for SS for her to just disappear... staying in his life would mean questions.

It couldn't have been easy for her, with a new husband and new baby, to have to interact with the family of the child she couldn't handle.

Probably best all around if she just cut them all off like they didn't exist to each other.

Honestly, I wouldn't worry too much about it... because your options suck either way.

1) he contacts her and requests she give up her rights - she says yes... ss will know that even after all this time, mom still didn't want any rights to him.

2) he contacts her and requests she give up her rights - she says no.... nothing changes.
3) he contacts her and requests she give up her rights - she says no... everything changes... all of a sudden you're like the rest of us having to deal with some other woman who thinks she's going to run your home...

Really, leave it alone. Think about this for just a bloody minute. You're still young... very young. Say, in the next 2 years, all this happens... she signs off her rights, you guys get married, you adopt ss, your new dh passes away.

You'll then still be very young... stuck dealing with a child that is not yours... stuck dealing with your dead husband's family... and thus sticking that burden on anyone you will then be with later in life. Sure, you might think you'd be ok with it now... but given some of the issues that you've raised, I don't think you'll be singing the same tune 2 years from now.

Just enjoy your life. If you're still on board in a few years... do it then... once ss is old enough to make the decision on his own whether he wants to pursue a relationship with his mother or not.

AshMar654's picture

Secret I am young but not very young I am 32. If I go down the road of adopting he would be my kid. Yeah I would be stuck dealing with his family, unless I walk away at this point I am stuck dealing with them no matter what I do. Say SO and I have a kid two years from now I am stuck dealing with them. Not saying we will.

WalkOnBy's picture

"The short simple answer could be "sweetie, your mom was young, and not ready to be a mother. She didn't want to have an abortion, and she knew you would be well loved and cared for by your dad and your grandparents. Instead of giving you to strangers for adoption, she let you stay with your dad."

End of story."

or you could just say "sweetie, she wasn't able to be a mother at her young age" and leave the abortion/adoption parts out...sheesh

AshMar654's picture

I would leave the abortion parts out believe me. I would not say that to a kid. That has been the short sweet answer when he asked last over a year ago almost two now.

secret's picture

meh... I might, if the kid was relentless about the "why, why not?".. but it would depend on the age etc.

Kid should consider that 1) he's alive, and 2) he's with family, not with strangers...

It's just a fact of life. Mom chose to give him life, not to terminate it. She loved him enough for that.

Livingoutloud's picture

I don’t know why anybody would mention an abortion to a child ( as abortion of that child), ouch

WalkOnBy's picture

then you haven't met Medusa. I judge her all damn day for walking away for a child.

Why, you ask, did she walk away? Because she was no longer able to use them as weapons once she lost custody.

Yeah, that shit is gonna get judged alllllll day long.

secret's picture

I should clarify that I meant walking away from a very young child.... as in... newborn... baby... young toddler... not a 5, 7, 10 or 15 year old.

When the child is old enough to realize that they've been walked away from and to really grasp what that means... it's not quite the same.

WalkOnBy's picture

believe me, it is no better when a kid is older, in fact, it might even be worse.

A toddler has no memory of the parent who bailed, but an 8 year old, a 10 year old and a 12 year old sure do.

Also, I meant to say "walking away from a child" in my earlier post. By the time I noticed the typo, someone had commented and I couldn't edit it.

Making the grammar nazi in me absolutely cringe Smile

AshMar654's picture

Thanks Secret. It is rare but it does happen that a BM just walks away. I do not think it is my SO's responsibility to explain the reason to his son or to even know why if he does not want to. She is the one who will have to live with explaining to a kid why she walked away and why she went off to start a whole family that did not include him.

SO explaining it to SS will make him look like the bad guy and let her off the hook for her choice. Maybe her reason is legit who knows but it is her's to explain and no one else.

ESMOD's picture

It may not be his responsibility in your eyes, but he is the kid's father and probably should be able to help his kid answer these questions.

Honestly, how do you think the kid will feel when he is 18 and wants to know. Your SO hems and haws and says.. yeah, well I used to know her facebook (kid what's that? because in 10 years it's obsolete). Your SO has the opportunity to know this information so the kid can have answers. He prefers to just let the kid dangle because mom was absent and he doesn't care to know the reason?

Like it or not, this kid is gonna be angry at DAD for not knowing this stuff.

AshMar654's picture

I get how many view it and see it. He is not friends with her on facebook or anything like that. He would have to do a search and find her and send her a message. He does not want to and I will support that.

If SS asks one day why and he is old enough to understand I say SO contact her and let her explain. The only way I see SS being angry with his dad is if SO does not help him find the answer himself.

My mom has no answers for me as to why my bio-dad was a shitty parent, or why he used me and my brother as pawns at one point to get his way. She does not have answers for me as to why he yelled to my face and my brothers he wanted to give us up. Parents do not have all the answers in the world and I was never angry at my mom for not knowing why my bio-logical dad was literally crazy and why they only time he ever contact me or my brother is to ask for money.

Men walk away from their children way more often and the mother's really never know why, but that is ok because he is a man. It is not a matter of responsibility here it a matter of opinion. You have yours and SO and I have ours.

ESMOD's picture

If your SO has the ability to know this information for his son and chooses not to... that I think is wrong. I get he is not FB friends with her.. but I think knowing where she is while it's still possible to know that is probably a decent thing.

No, your mother can't explain the mental makeup of your Ahole of a father. No one is asking your SO to explain that.. but he should be able to put them in touch and if he waits too long that opportunity may be lost because he may not be able to find her in 10 years.

AshMar654's picture

He will be able to find her, he knows her parents last name and the area they live and her maiden name. Will not be hard to find her with that information. I am not worried about that. Let's face it. What you are saying goes both ways. She has the exact same chance too and does not take it. She now has no clue where SS is, what he looks like, she knows nothing about him. That was her choice to make and she made it.

You said it exactly you think it is wrong. Not everyone thinks the way that you do. If he contacts her to find out where she is who is to say she will not want the same information in return. Who is to say she would take that and just show up at our house and completely turn SS's world upside down with simple knock on the door and she just blurts it out. You think it is just that easy but it is not.

SO did not make these decisions for her, only she did and who is to say she would tell SO one thing he tell SS and she goes and give SS a different story down the road and still makes SO look like an ass.

You are no looking at all the what ifs what you think is right or wrong. It is her responsibility to explain it one day, and SO's to help SS find her when/if he ever wants to do that.

ESMOD's picture

Your SO literally runs this risk every single day of his life. His EX could track him down and show up on the doorstep. Believe me, people can find people. She could be walking up your street right now.

This is the can of worms that will open up if he starts the legalities of terminating rights...

and... as has already been stated. You only know what you have been told. You don't know any of it first hand. You weren't there.

You could find out that everything you were told is a lie... and that your SO has some evil role in all of this, you just don't know.

AshMar654's picture

Your are right she could find us not too much is a secret these days.

Again not his responsibility to find out why it is hers to explain and answer if SS ever wants to know.

I know the can of worms that might open. I know I have been told everything but SO is not the evil one in this situation. She always had a choice and she still chose to walk away no matter the reason.

AshMar654's picture

I know that but he does not have to know anything about her or why she stopped contact. That is on her.

secret's picture

I agree with you that it's not dad's responsibility to have the answers for his his son, when his son has the questions.

If SS wants to get in contact with his mother, SO can help him... but it's not for SO to answer the questions only she knows the answers to.

The outlook is not good... and it's going to be potentially heartbreaking for SS to hear the reasons why his mother left him behind. Maybe they're valid to the rest of the world, maybe they're only valid to her... either way... they're hers and hers alone.

SO knows WHO she is. Presumbaly he would be able to give the kid SOME information as to who she is. Name, age, maybe a few pictures... and of course, he could help SS try and find her... but as to contact, and questions, SO should stay out of it and let his son lead on that when he's ready.

AshMar654's picture

He literally does not know. I asked everyone else too. He never changed his phone number and was living in the same house until recently. The CO read she had rights to see SS and access to all his records but she didn't. She just stopped. Before that she was not involved hardly at all. Someone stated maybe she never felt connected to him and I honestly think that might be it. She did not even give SS her last name on the birth certificate or SO's. I have seen it. I know she ended the relationship with my SO at 6 months and the next day slept with his best friend and dated him for like a couple months. She was 18 and she was doing drugs before she got pregnant and after. I am thinking she just never bonded.

I know what I call it. I call it many things. Look up the definition of neglect it fits, so does abandonment. She neglected her responsibilities. While that may not be the legal term it is still what happened.

ESMOD's picture

Unfortunately, the court doesn't see abandonment as necessarily neglect.

It would be helpful to think of these things using realistic and factual definitions because a court of law is going to use those.

They won't terminate her rights because her EX asks them to.
They won't terminate her rights because she abandoned the boy (though visitation and custody issues may be impacted)

Your SO says "he doesn't know" why she stopped seeing him. Well, honestly, it would seem that it would be good to have this information. I mean, the child IS going to ask where his real mom is someday and why hasn't he seen her.

I think this is the can of worms you are worried about and maybe rightly so. You may find out some unpleasant things about your SO or his relationship with his EX and maybe things about his family that you don't want to know. You may find out that the woman DOES want to have a relationship with the child and that could mean you and the SO will now have a babymama to deal with. It's all a bit scary and honestly, for the child's sake, he should have a relationship with his mother if possible. Why she has stayed away? it's really odd.. I mean, putting her stepdad's name on the certificate? when she was a minor? weirdo stuff for sure... and I think I would want to know.

AshMar654's picture

It is really weirdo stuff. I do not think I will find out unpleasant things about my SO. He is really honest with me and has told me all the bad things he has done in his life. He was doing drugs too before SS was born but stopped after he had his son. He is no angel that is for sure.

If I found out bad things about his family I would not be surprised at all.

I am scared for the can of worms of all the truth I know that will come out. It might be bad. I do not think it will be about my SO. I am scared of her wanting to be involved no so much for the babymama drama. What will it do to SS at this age finding out that his BM walked away from him but was able to be a mom to her other three kids. Why could she create this happy little family with her husband and kids and not him and his dad? I worry more about SS.

I do not think anyone should have a relationship with their bio-parents. At this point since he has no memory of her it is up to SS. If he asks or wants to know that is his choice. No one should force that on him at this point.

WalkOnBy's picture

honey, you don't know anything other than what you have been told....

You need to remember that. You have no first hand knowledge of what happened.

Medusa walked away almost 6 years ago. Never used her parenting time and for what we know, she has completely forgotten that she has kids.

Abandonment, sure. Neglect? Not even a little bit.

Livingoutloud's picture

If she was doing drugs she maybe thought her child is better off without an addict mother. Addicts make horrible decisions in life, they don’t have the same judgement as sober people. It explains what maybe happened if she was/is an addict. Even if she is clean now, you never stop being an addict

And I agree with walkonby, you have no idea what happened. For all you know everything could be a lie

Livingoutloud's picture

It’s not important what you call it because you aren’t be the one granting termination of rights.

lieutenant_dad's picture

I think it's good that your SO wants to address this issue, but he needs to go into it REALLY eyes wide open. BM could start demanding visitation and joint legal custody. If she gets it, whether she uses it or not, it will really change the dynamic of your SO's idea of "family".

Additionally, he needs to think about what he is doing and make sure it is right for SS, not himself. If he is doing this in order to make his idea of "family" real (i.e. let you adopt SS so that you are really his mother), he's doing it for the wrong reasons. If he's doing it to ensure that SS stays with the family he knows in case something catastrophic happens to SO, that's a very different reason.

Also, you need to converse with your SO what his plan is with SS if rights are terminated. You'll do what you want to do, but i highly recommend being married a few years before you jump into adopting SS, and waiting to see how SS responds to his BM's rights being terminated. He may not have issues with it now, but if BM reaches out, or he wants to reach out to her, and he gets it in his head that the only reason her rights were axed was to allow you to step in as his mom, that could spell trouble.

Lastly, talk to your SO about how he would feel if you decide not to adopt SS for whatever reason. Will SO be okay with that? Is that a deal breaker for him? I'd be highly concerned about a partner who would want to end it with me because I didn't want to adopt his kid. I'm not a replacement mother, nor am I there as a place filler for wife/mother in a family. If that is what he's looking for, is that what you're willing to be?

Take a LONG time discussing this, and DO discuss it. I recommend seeing a family counselor before moving forward just to make sure that what you're communicating with each other is being received, and to see how SS feels about this arrangement. He may not be asking questions about his mom, or displaying too many emotions about her, but i guarantee you he thinks about her. He probably wonders why she left, and he probably blames himself to a certain extent. A counselor can help you all navigate this throughout the whole process.

AshMar654's picture

Thank you, first off I would like to thank you for taking what I said at face value and not jumping to a conclusion I am pushing this and trying to create this happy little family. I was letting this issue go after the last time I posted about and was planning on waiting to bring it up to SO, if ever, well after we were married.

There are many things we need to discuss and many things SO and I will have to work out. I think two things are playing into his decision about it all. I think part of him is wanting that happy little family, I get that. I have said the same thing to him so many times and not once did he ever mention going to court. I think it might finally be sinking in that what he wants for his son if something happens to him will not happen.

I honestly do not know what I want at this point in time either. It is very scary.

As for SS, I think we would need to speak to a counselor to see how much information SS should know about it all, if any. He never asked many questions, I do not think he blames himself because no one ever really talked about her around him, he has no memory of her. She was really truly absent, like only every several months would visit for a few hours and stopped all contact about 5 or 6 years ago. I am sure he thinks about her here and there, he never mentions it to me or to anyone else. I think in a few years he might have more questions when he starts understanding things even more.

Thank you again.

lieutenant_dad's picture

Just keep reminding him that his idea of happy little family has to be based in reality. The reality is, SS's mom has disappeared out of his life, he is a single dad, and you are his fiance - not replacement mom. Even if that is what you want to be, or how you act, that is a role you CHOOSE to be in, and terms and conditions can change at any time.

My DH clung to this idea about what family is, too, and we had a few talks about it. Actually, we just had an updated talk about "his family" this weekend, and he has come to terms with the fact that BM is part of "his family" until the kids are grown. Now, she may not be part of "our family", but she can't be excluded from him just because they are divorced. He has to, at least to a certain extent, care about her status so long as she remains a legal parent to their mutual kids. Doesn't mean he has to do anything for her, but for the sake of the boys, he has to at least know if she is alive and mentally stable.

Your SO has to deal with the BM issue, and he needs to deal with it from a realistic perspective. Thinking he'll just walk in to an attorney's office, draw up papers, and it will be a done deal is unlikely. To a certain extent, he has created this mess within his family and it won't be simple to untangle. It's quite possible that they won't terminate BM's rights, but they could make her pay CS even if she doesn't take visitation ot want anything to do with SS.

Anyway, I'm rambling at this point. Basically, don't let him lead you down a road you're uncomfortable with just so he can fulfill his idea of what family is. He should address this issue, but from the perspective of protecting his son's best interests. Whether you want to adopt, or he wants you to adopt, in the future is irrelevant. Additionally, if BM wants a relationship with her son and can provide a loving, nurturing relationship, then that option also needs to be explored for the sake of SS, and SO needs to be equally okay with that scenario.

ESMOD's picture

Ash.. I don't think people are jumping to conclusions when they talk about you adopting.

The fact is that in order for your SO to get his EX's rights terminated, it is almost 100% a certainty that he will need to be remarried and his new spouse would be expected to adopt his child.

So.. in your case, that would mean he would have to marry you and you would need to formally adopt the boy.

So, when people are saying "slow down" etc.. it's because those are BIG steps that are very permanent and not to be entered into lightly and not without some serious commitment. It's not that you may/may not be "pushing" the happy family narrative, but people are speaking to what would have to happen and from outward appearances, your relationship with your SO isn't ready for those next steps.

AshMar654's picture

I did slow down. I had no intention of bringing up this topic with him until after we were married. I am not sure if I was going to.

He brought it up. I do understand what everyone is saying. I was not fully knowledgeable about how it all goes. Now I am.

I will take the information back to my SO and explain it to him. Thank You. I think he would be smart to speak to a lawyer.

ESMOD's picture

"I did slow down."

I think people mean both of you... and yeah.. first step is get him to a lawyer to find out what his options are.

Honestly, I think he should also be pursuing support from his EX. You are going to get tired of your household being "broke" due to child expenses for a child that isn't yours. Even if mom doesn't want to see the kid, she should be paying towards his care.

AshMar654's picture

SO wants nothing from her and honestly I am good. We are both pretty good financially and are not ones to spend a lot. Things are a little tight right now but that had a lot to do with buying a house this year.

He waived support a long time ago. Honestly from stuff I have heard I do not think he would get much of anything from her. I do not think the support he would even cover the before and after school daycare.

AshMar654's picture

Original CO states no support. I think in court they asked him when he was granted full legal and physical custody and he said he did not want any.

DaizyDuke's picture

If something happens to SO, SS's BM will have full rights to take him and keep him.

I don't understand this concern? The kid is 9 and BM has been out of the picture since he was a baby correct? Does your SO even know where she is, or what she is doing? What is her deal, what is the history here? Is/was she a druggie? Is she remarried? Does she have other children? Was there ever a CO in place? Was she chased out of SS9 life by SO family and SO or she just walked away?

AshMar654's picture

SO kind of knows where she is, only the general area he does not know her number anymore, or her address or how to contact her other than social media. From what we have heard she is married, clean, and has three more children with her current hubby. She was on drugs at some point. There has been a CO in place for years that gives my SO full physical custody and she has full access even seeing SS when ever she wanted pretty much but didn't.

No one knows, that is what they say, why she just stopped all contact. I could not even begin to tell you.

Livingoutloud's picture

The only reason people are bringing up adoption is because without adoption SO will not be able to terninate parental rights and without adoption SS will not be staying with you but going to his family members. So none of the things you two are discussing could happen without adoption. So if you don’t plan adopting then all these discussions are about nothing. It’s all fantasy

And btw absentee parents are known to be asked by the state to step in if other parent dies. I know through my line of work. I know of absentee parents stepping in and assuming responsibility for the child. State wouldn’t just terminate parental rights because parent hasn’t been around. Kid is still young. Parent might reappear.

ProbablyAlreadyInsane's picture

So just putting this out there...

BM can’t get the kids full time, DH knows, DH’s Parents know, BM’s family knows, even her sister knows... Like it’s a known fact that if she got the kids they’d fall back into neglect and depression. We’ve made leaps and bounds lately, and everyone recognizes it’s best for the Skids...

Anyways that being said we’ve discussed what would happen if something did happen to DH (super sad topic... but it is what it is) beyond the options of “flee the country and change all our names” which just isn’t gonna work... IF you are a primary caregiver to the child, even if you don’t adopt (terminating parental rights is harder than I think you two realize) you can still petition for custody in the best interest of the child. That wouldn’t give you parent rights, but could give you custodial rights. So there are options if something happens to your SO.

However, I don’t have rights to my Skids, we have them full time, I consider them MY GIRLS. Because I’m every way (except the legal one) they are. I’d literaly take a bullet for those two, they’re in my core and idgaf who BM is, I will take care of them so long as they are (and even after if somethig happens), because they’re my DH’s family, and so they’re mine as well. Legal rights or not, children need care, and while DH is an AWESOME dad, he’s not sup r good at the emotional side of things. lol. Too direct for an 8 year old having a breakdown. So legally yours or not, you do have your SS. For the time being, he really is your family so long as you’re with your SO.

AshMar654's picture

I get I have my SS in so many ways that really matter. It hits a nerve when he says it the way he did last night and in reference to me actually having kids. It is do very different in that situation.

No matter what step my SO takes moving forward the scary part is, there is a chance that this will open a huge can of worms with the BM.

ProbablyAlreadyInsane's picture

You got this. Let’s be honest, with a lot of Bm’s (Mine included) just breathing can open a hue can of worms with BM... So might as well open thecan because of something worthwhile!

still learning's picture

^This exactly, and please double up on the birth control if you're not ready for a baby!

AshMar654's picture

I get what you are saying but what if he has a plan in place to appoint a legal guardian that is willing to except all physical and financial responsibility? Does it have to actually be an adoption thing?

I think I will suggest to SO to speak with a lawyer. We both know one that deals with this kind of stuff.

ESMOD's picture

There are two completely distinct issues going on here.

1. Terminating her rights.

2. What happens if your DH dies.

Until her rights are terminated, the courts are going to view her as the natural person to take custody. (she didn't neglect.. she left. you calling it neglect doesn't change the legal meaning of what she actually did and you may find she had very valid reasons for staying away). A child is not a possession and your SO can't will him to be given to people if he dies. So, that means that the courts will look for the natural progression of relationship which in his case would be the biological mother.

If your SO wants to pursue terminating her rights..he can petition for it, but it isn't 100% his choice. For a parent's rights to be terminated.... generally the courts want to see someone else stepping up and replacing that legal commitment. That means that usually there is a new spouse who wants to adopt the child. Also, the bio parent would need to agree to this termination except in some extreme situations.

I'm fairly certain the courts will want to see the replacement person be "an adoption thing" because that is a final and legally binding situation. Only in the rarest of occasions can you "get out of" an adoption. I don't think your SO will be able to present some nifty little plan to them..

"Gee judge.. I wanna terminate my Ex's rights. Ask her? No.. well, I guess I could have contacted her on facebook or something.. Idk.. maybe she will agree, she hasn't been around in a few years. Oh.. well if we get that straight we can do it right? What? is my wife stepping in to adopt and become his legal mother? Uh.. no.. I mean, I am dating this girl and we live together and she and my kid get along good. yeah.. so I figured that she could take care of him if I die. I was gonna put it in my will, but if we break up I can get my mom and dad to do it maybe. I just don't like dealing with my EX and figure she shouldn't get to see her son since she hasn't come around. What do you mean this isn't a good plan? I just figure that my old lady here is a pretty good choice to take care of him. oh... what if we break up? yeah, I , Uh.. well, "

AshMar654's picture

LOL that made me laugh.

I get he needs to have a good solid plan in place. I was just truly shocked last night when he said it. I think it finally clicked that what he wants is only a very small factor in what would happen to SS if something happened to him. It amazed me.

After we are married and we have all been living together for a while I do not think I would have an issue stepping up. I want to be sure first, that is all. I am of the mind set that biology does not make you family. Biology does not make you a parent. What you feel in heart towards those around you is what makes them family. I come from a huge blended family. Most of the people I consider my family are only connected to me through marriage. We are pretty close.

ESMOD's picture

I think my point is also that it doesn't matter how good he thinks his plan is. What is going to matter is what is legally possible. Since you can't will a kid, the logical progression is going to be that they will look to the bio mother first and then probably his parents or sister next and perhaps even to the BIO mother's family. They will not look at a girlfriend or even probably a new wife as an option when blood relatives are present and capable. (whether he or you agree on capable.. the court's test may not be yours).

I did see a comment above that made ME think though. Is he saying that he doesn't need to have a kid because HIS kid should tick off that box for you? Even if you decided that once you are married that you would be willing to adopt that doesn't mean that you might not be interested in building your own offspring. Maybe your idea of a family is to have more than one child? Maybe you want your own bio.. even though you might love his son, it will never be exactly the same. Is he against that?

So, yeah, he does need to consult an atty. It will involve poking the beast that is his EX and the possibility that she will decide she wants to be more active in her son's life. It might be that at this point, his best option is to just wait until you and he are more stable (married for a few years) before broaching things with her.. Since, even if she agrees to terminate, it would mean YOU would have to be ready to take that commitment on NOW and honestly, I think even you realize it is too soon for such a binding and serious commitment to the child... and him... you would need to be married etc..

AshMar654's picture

Him and I have discussed what I want about kids in the future and what he wants. I think he was just saying right now in the present. We are not ready for another kid in our house, mentally, or financially. We are in a good place but it is still all so new.

I get your point. I tried making that point to him myself to get him to get his head out of the sand a little.

I will recommend he speak with an attorney and progress from there.

advice.only2's picture

https://www.avvo.com/legal-guides/ugc/terminating-the-other-parents-righ...

This was just a Google search (I know not everything on the internet is accurate), but I think it's safe to say that pretty much most of the advice given to you on here is accurate. I understand your SO is wanting to look at the option of terminating parental rights, but it appears that for him to do so, he would need to show that there is another party present and ready to adopt SS9.

MrsZipper's picture

If something happens to SO, SS should go with his grandparents or aunt. Based on Ops previous posts they have been the ones doing the majority of the raising while SO travels for work anyway. No one is going to let dad's girlfriend of less than 2 years take this child when he has qualified family to do so. I doubt they would let a new wife take SS either.

Acratopotes's picture

I dodged a bullet yeah!!!!

If something should've happened to SO while Aergia was under 18 - I would've gotten her....

phew... now she's 18..... if something happens to him now before she's 25, she will probably kill me cause I'm the trustee and she only inherits age 25...she can't dispute it cause everything is in a trust fund and out laws are very clear what trust funds will pay out and what not

AshMar654's picture

I do not disagree with you. I just do not think he should be placed with people he has never known. The g-parents are not really an option anymore as they moved to FL and are in a retirement community and I am not sure they are allowed to have kids living with them full time. Maybe I do not know but they are getting up there in age.

As for the Aunt yes that is a viable option as well. The thing is she is single and her job that she currently has takes up her entire summers where she could be working 13+ hour days for several days straight. She would have to have the g-parent be here part of the year or hire someone to care for the child. It is not just a few months it is about 6 months out of the year her schedule is like that. If she has a good support system in place it could work but it would be very hard. She would probably have to make some changes in her life. Financially she would be ok I think but it would be tight being single and having a kid 24/7.

Again they did not do majority of the raising my SO was there way more than you think.

Me as an option courts probably would not see me as the best either. I would be a single woman with a house that SS has lived in and have a decent steady stable job. I am not blood related in any way. All I would have say if it was two years from now would be that I helped provide and care for him for several years at that point. If i is recent I have nothing to bring to the table. The only thing I would have is that SO and I both have insurance policies on one another in case something does happen the house would be paid off plus more. We did that because we both own the house and both have the mortgage in our names.

On paper the most qualified might be the BM who knows. It is a complicated situation when you think about it. For now the only thing we can do is make a decision on what to do after we are married. I know what my SO wants and I know what he thinks is best for his son.

Acratopotes's picture

Ashmere - you are over thinking stuff and to be honest, you are driving yourself crazy Hon...

If something should happen to your SO now.. SS will go to his Aunt, she will adjust her life to accommodate him and you will be out of his life, her parents might even move in with her to help her. If SO indicated God parents SS will go to them is SIL does not want him.

If you and SO lives for the next 5 years, SS will probably stay with you, regardless of being a blood relative or not, SO can appoint you as the guardian and there's nothing any one can do....
If you and SO lives another 10 years, SS will be old enough to decide self, you or SIL, can't remember his age... but if he's above 18 he will not go to any one, he's seen as an adult and should be able to fend for himself.

Do not think for one moment cause you are not blood relation you might not get guardianship... Foster parents are not blood relations to the children they take in, courts look at every thing, who's stable, who can provide basics and who has a house, where will SS be the happiest under circumstances...

You reallys hould stop worrying about things like this Hon and focus on today

AshMar654's picture

Thank you!

You are right and I do worry too much. Thank you so much for what you said it helps tremendously.

Livingoutloud's picture

How do other single parents raise their children? Why is it hard for aunt to be a single parent to her own nephew, but it would be easy for you, also as a single parent? Plenty of single people with busy schedule raise children. They make do. They manage. They make changes as need to. SSs aunt takes too much space in your head.

Too many speculations. I’d focus on how is your relationship with your SO and if it’s a good solid life long potential. I’d not worry about what happens and if his aunt will manage. You need to give up control over unknown future and live your life.

AshMar654's picture

Thank you. I do live my life a lot. I do not worry about things as much as you have perceived. Never said single people can not do it. I had a single mother for a while till she married my stepdad and bio one was useless and I do not like him.

Her job is the biggest thing that was it. I was saying in reference to what a court would see on who is the most fit. Not what I think is best. The reality the courts would not choose her. It is pretty simple and clear if BM wanted to take SS, Aunt would not get SS. It is very simple. Just as much as everyone on here has told me that I would not get him neither would she because I am sure the courts would not think a single female with a demanding job would be what is in his best interest.

That simple. I never said it would be easy for me to be a single parent. My job is a m-f 8 to 5 and that is it. It would be difficult and hard not matter what. I have seen what it means to be a single working mother and how hard and exhausting it can be.

ProbablyAlreadyInsane's picture

We've looked at stepparent adoption as a kind of fail safe for the Skids if BM keeps doing what she is and harming them... That being said, we're playing patience in hope she does decide to come back to the kids, and then it's up to them to decide how they feel about everything. They won't even consider a stepparent unless BM fails at certain things and they want the SM to have been married to the dad of the Skids for at least a year (more is better), they have to be a primary caregiver, and it has to be something that is TRULY in the best interest of the kids, not just because dad doesn't want to deal with BM. But because BM is either unable or unwilling (or both) to be a parent to the kids, (also normally a failure to rehabilitate the BM on behalf of the kids) and even that has to be for a certain amount of time, because the courts do want to give a chance for a change of heart on the part of BM, because if she does become willing, a relationship with her is important for the kids. If it doesn't look like it's going to change though Stepparent adoption is used to give the child a chance at a stable home life after everything else they may have gone through. Except in rare cases, a court won't relinquish a parents rights if there isn't another person there to step in at that time.

After the petition is filed BM has 30 days to file a rebuttle saying no, if she doesn't then the adoption can go through, if she does though, there are exceptions, but for the most part the court sees that as a bit of hope and it goes to a trial type of thing with both sides stating why or why not it should happen. Unless BM signs away her rights that crap can get messy and expensive for everyone!

ProbablyAlreadyInsane's picture

Just don't rush! BM isn't really in his life now, and based on what you're saying idk that she'll magically reappear, so I think this is something you can take your time on and you and SO can think it all through. Just make sure SS is the motivator in all this! You got it!

twoviewpoints's picture

This thread just keeps going and going.

My question is, why did the subject become front center while you suspected a pregnancy scare?
I'm not sure why , in the event you might of been pregnant, SO announces it's time to go after BM's parental rights. Especially if the immediate plan is not for you to adopt SS.

It's obvious that BM relinquished all custodial rights in court and that your SO agreed to take on sole financial responsibility or that paper would not have been signed off on by the court. Now, keep in mind, custodial rights is not parental rights...meaning, yes the door was left open for her to reappear at some point.

From what you've stated prior, IIRC she has totally kept her distance. Made no attempt at even the loosest contact. She's married and has several birth children. As to SS, BM did not abandon the child nor neglect the child. She legally relinquished any custodial responsibility including decision making and financial obligation.

She's not coming back. She has made the decision to allow this child to be raised by his father, his grandparents, and yes, the Aunt. Yes, I know grandparents and Aunt are not on the paper, just Dad is. But this woman knew the ends and outs of this family when she did what she did. She knew Dad would then and for the coming years have a home and family with stability and financial means. And the child has. And the child still does.

She's not going to rock his world. She would have been rocking it for years now on and off if such a thing were to be her intent. It has not been. She has nothing to gain from stepping forth if Dad died tomorrow and the child has everything to lose. She knows that.

I understand your SO and now you live in fear she will swoop in at any minute, but she has spent many many years quietly telling you she will not.

IMO, you need to be ready and willing to work with the Aunt and grandparents on this and not against. I know you dislike the Aunt. But that child loves her and has had the woman his entire life. Grandparents also. Work on building the united front. The strong stable and loving home and family that all child deserve and thrive in. You're worrying about if something happens to your SO, you are not taking into consideration that the very same something could happen to both SO and you at the very same time. This child would need this extended family, they are his little world, his safe place and his support.

AshMar654's picture

Thank you. I am working on the Family united front I have suggested Sunday dinners with the Aunt and my parents. It does not always need to be at our home but I wanted to start a tradition where everyone felt included and connected. I suck at phone thing and calling and rarely post on social media

We have considered if something happens both of us. We have set it up that SS will be beyond financially set for someone to take care of him and if he chooses can go to school and get a medical degree and not have to take any loans that entire time.

As for who would get custody, both our wishes in the even something happened to both of us would be the Aunt. There is not question there.