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Justy85's picture
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Hello, I  have a very big issue with the family situation of my bf. I am at the stage of considering leaving it all. So,  he is fighting with his wife for the child. The circumstances are unusual. When they found out he had  fertility issues,  she demanded to resort to sperm donor fertilisation. She didn't give him much choice: either he agrees or a divorce. He was so desperate to save this marriage and make her happy, so he agreed.IT WAS A HUGE MISTAKE.  After 3 weeks from the procedure, she told him she no longer loves him and wanted divorce anyway. The next day she found out she was pregnant. He tried to convince her to try to fix the things,  but to no avail. SHE left after 4 months and for a another Man ! He tried to be amicable but she become aggressive. She wants nothing to do with him,  saying that is not his child anyways. Since she has been living with this other man , my bf tried to get out of this arrangement that  he no longer felt obligation towards.  She initially said yes,  but thanks to some lawyers, she delayed changing the paperwork until it was to late( after the birth is to late).She doesn't want him to see the child saying is not his. Now She has a second child with this other man  who basically is the father to both kids. My bf has been reduced to being a sponsor. He pays very high child support and the lawyer bills. This is going on for 3 years and all he has got is 3 h every 2 weeks with a Supervision. He is treated like a criminal.. although he is the most gentel  man I know. He had to go to psychological testing, which his wife demanded just to delay the ruling. The child doesn't really recognize him as a dad, which given the little time they spend , is normal.  The other guy has all the parental privileges and gets to be called dad. There is no way they can bond in this circumstances. They cannot even divorce as there is no agreement between them about the child, so for the foreseeable future we cant advance as a couple. Apparently she knew this guy from the university times, as no man would accept pregnant lady easily. Maybe they had planned it all. It's an impasse. The only solution is to either fight further for alternate custody, so the child could properly bond with his legal father, and so my bf could  finally get to be real dad on daily basis. Other alternative is to propose to her partner to officially adopt the child,  as he parents  him on daily basis since he was born. I am not sure if any of these options would work. We re really exhausted of this battle. My bf tries to distance himself from  showing no emotion or covering them up with other stuff,  like shopping. We feel that the child should have  1 father,  either my bf or the other guy  but not continuing this weird arrangement. Actually,  the boy has also a bio dad ( sperm donor) that he can learn about when he turns 18. He doesn't need 3 fathers! The thing is, if it continues as it is,  I can not stand it emotionally  and psychologically. It is draining,  and seeing how much money he has to pay and gets nothing out of it , is very upsetting.  I struggle financially. need to watch my budget  and all this monthy expenditure seems so unfair. His wife comes from a rich family,  that  owns several possessions, so this money is not even needed. I would appreciate any outlook. I don't want to get myself into overtly complicated situation that doesn't seem to have a solution. I have a lot at stake,  he nothing to lose anymore. On the other hand,  he is a very good man,  maybe too good,  and that what got him into trouble. 

tog redux's picture

Would BM agree to allow her current partner to adopt the child? That would be the best solution.

Justy85's picture

My bf and his wife aren't on speaking terms. It has to come from the lawyers. They also claim it can turn against him. I m really begging him to advance this,  as i don't know what to do. IUe already mentioned it to the lawyers I  August, but they haven't still asked( already 3 months).I think his infertility issues make him cling to this child. Once he even told me or may his only chance to have a child. I resent this desperation.

susanm's picture

May be his only chance to have a child?  How exactly does he view this kid as his???  Donor sperm, he was not there for the pregnancy or birth, he only has limited supervised contact, and the other guy is daddy.  The only thing he gets is the "honor" of paying because he was still legally married to her when she gave birth.  Frankly, this woman sounds like an ice-cold sociopath and I can only imagine how she is raising the child.  Does he actually believe he will ever have a relationship of any kind with him regardless of how much money he spends and possibly getting some sort of weekend visitation?

If he wants a child and you are willing there is sperm donation with you or adoption.  Or he can get some therapy and accept the fact that he simply does not have children.  Because at this point he may legally have one but he is never going to get a Father's Day card.

 

tog redux's picture

He needs to do what's best for THE KID, not what's best for him. How would they turn it around on him if he offered to surrender his parental rights? Would they limit his visitation? Already done. Would they make him pay support? Done already. What more can they do to him?

There are lots of kids in the world who need adoptive parents, and lots of frozen sperm if you are interested in also going that route (though why he'd stick his hand in that flame again, I don't know).

He is fighting a losing battle. Even if he remains the "legal father", he will never have a relationship with this child that's meaningful with a BM like this, and is facing years and years of heartbreak and legal battles.

If he won't cut the kid loose, I personally, would leave. Don't put yourself through this nightmare.

Justy85's picture

Thanks for the support,  u understand it but he is deluded, and that's what bothers me.He is able to sacrifice so much for nothing in return. I don't want sperm donation,  we are trying fertility treatment or adoption . I am worried that his wife won't give up money easily,  and if he mentions adoption they ll ask why was he battling  for the past 3 years.; that in fact he is not interested in the child but wants to avoid alimony. 

tog redux's picture

A lawyer's job is to fight, and they get paid very well to do so. BM will fight to the end, bitterly. If he offers to give up his parental rights and pay alimony for x number of years,  she will likely end the battle and he can move on. He needs to believe that it's not good for the kid either to be in this position, and he's doing the kid a favor to let him go and let him be adopted by stepdad. Once he can see that, maybe he can let go.

susanm's picture

Yes, the judge will probably ask why he has given up on custody.  The answer is that he finally accepted the fact that the child is not his and never will be.  That he has been banging his head against a wall for 3 years in the delusion that 4 months of donor sperm pregnancy participation gave him parentage but he finally woke up to his soon to be ex-wife's deliberate cruelty and now he just wants to be out of the hell she and her lover put him through.  I think anyone with a pulse will understand that.

tog redux's picture

Or even better, "Because of the circumstances, my son views Mr. X as his father, and I think it's best for him to be adopted by Mr. X, rather than be confused by having two fathers.'

Don't forget that biblical parable of King Solomon threatening to cut the baby in half to find out who was the real parent - the real parent offered the baby to the other person who wasn't the parent, because to her, the child having a life was more important than her having possession of the child. Your SO can show his love for his son by letting him go.

Harry's picture

Will not give up support payments.  Her own personal ATM.  You can see already what you are in for.  She is always going to asked for more money. Of course for the child. If you stay you are going to be MRS ATM 

Justy85's picture

We are hoping that demanding 50% of the custody will fire her up so she 'll heave no option but to accept the adoption.  Anything in between is in her favour.  My bf would be just an occasional baby sitter that pays to babysit. 

Justy85's picture

Another issue that upset me was that we met with another lawyer and she says it's a pity to stop the battle after 3 years, since he gets along well with the child. According to her, he can gain more access. I said those few moments are not worth such high price. Then she said she isn't in favour of the adoption, and that my bf may regret it. I got really really down spirited. This little boy is innocent , but his existence in his life brings so much troubles Sad

SteppedOut's picture

Yeah... I think this lawyer is just looking forward to the long ($$$$) battle, that would probably end fruitless.

Honestly, I think you would probably be better off cutting your losses on this relationship and move on to one that would bring you more happiness and more importantly more PEACE. Long term stress does horrible things to your physical and mental health.

tog redux's picture

He needs to decide what's best for him (and that should include what's best for your relationship), and what's best for the boy, and make a decision accordingly.  The lawyers aren't the ones spending tons of money and dealing with the emotional trauma of a long custody battle; in fact, they get rich from them and enjoy the arguing, which in the end, doesn't affect them in the least.

Even if he does get more access, you will find lots of stories on this board of people going from 50/50 custody to no contact at all due to parental alienation.  If your SO gets more time, all BM has to do is go to work on the kid to make him hate SO and refuse all contact.  It's pretty easy to do, unfortunately. 

Justy85's picture

But if he doesn't go for a substantial increase , i don't know how to convince her to adoption. At the very beginning of the battle,  she told him she d send the money back every month if he doesn't see the kid. As she lied on many occasions, my bf couldn't trust her, so he declined. Obviously  adoption is the most sensible option for everyone, especially the boy. He 'll have a proper family,  1 father, 1 identity,  1 home. We could move on,  save money for a house ( he has spend already like 100 000 Euros).The issue is,  how to convince the wife. 

tog redux's picture

Can't they just take it to court and let the judge decide? Why does she get the final decision?

Justy85's picture

Well,  firstly,  the judge is in her favour. Second,  nobody can be forced to adopt.Third, it's been in court for 3 years. 

Justy85's picture

She doesn't speak. She refuses any contact. Before she kept saying she doesn't want him to meet the child.

tog redux's picture

What I meant was - she will only agree to the divorce if he pays alimony and child support, and agrees to not see the kid more than 3 hours per week, supervised, forever? And the judge agrees with that?  Or would the judge agree to a plan to gradually increase visitation?
Personally, I don't have 3 years of fight in me, and at this point, he's already paid attorneys enough.  I think he should agree with her just to move forward with life.  What a crazy court system you guys have.  Where a mother doesn't want a father to be in a child's life for anything more than money and the judge agrees? Mothers here get away with it, but not with the judge's permission.

Justy85's picture

She wants a divorce too but on her terms. He got 3 h, that will be increased to 6 in March. If she wants him out  of her life,  she should say good bye to the money. The issue is how tho convince her. I don't know know why the judge is in her favour. She lied  on so many occasions and had a hard time e explaining  leaving for another guy at 4 month pregnant. Nevertheless,  she has the upper hand. 

tog redux's picture

I think he should go with her terms. Sounds like he has absolutely no choice in the matter, at this point. Why spend more money on attorneys who are failing, in addition to CS? If she won't agree to the adoption and the judge won't agree to more time for him, then why keep fighting?

 

Justy85's picture

The pick up and drop off point is at meditation Center.Before it was a lady from a red cross who picked  the child  up and dropef him off, as the wife refused any interaction.