« Pelosi Wimps Out | Joe Wood's Blog | The Unemployment Office: Day Care for the Discouraged Worker »

My Experience in the Family Court: Child Custody


9 years ago, my son was born.  I was 22.

I and the mother were not together, but it was a situation where I established paternity, and entered into a fair 50-50 oral agreement.  Some of you are now saying, "Boy, wrong move there, buddy." 

I know, I know.

So anyway, until he was 2, I saw him for half the day while his Mother worked, and vice-versa.  This worked fine, and I was accomodating and also extremely involved in his progress and basic care.  I held down a job, and then when I got home was Mr. Mom, all alone for my 12 hrs.

So. 

By age 2,  I was in a relationship with someone I had met, and we were going to have a baby, as a couple.  Almost immediately, my son's mother became a nightmare to deal with.  Then one day she called and wanted my son to go to a private day-care on some of the days I had him.  I had no reason to do that, I said, and plus--the day care was 6 miles away in a drug infested inner city neighborhood.

The actual street was notorious for people who sold pot.  I did not want to lessen my time with my son, nor did I want that environment suddenly thrust upon him. 

I said no.

So by this point, I had been picking up my son on Sunday mornings at 8:00 AM.  I arrived, and buzzed their apartment.  No answer.  I called on the phone.  No answer.  I buzzed again, and was told "Your son doesn;t want to see you."

After a back and forth of anger, fear, and desperation for the unknown--I called the police.

Big help.

Little did I know that without papers establishing my paternity or any agreement for custody, I had no right to see my son, who had never gone two days without seeing me.  I begged them to do something.  They laughed.

I felt like someone had kidnapped my child, and no one wanted to help.  I couldn't breathe.

After 2 hours of emotion, rage, and panic--I was left with no options.  She had him in a secure building, where I couldn't go in.

I had to leave, they said, or they'd have to arrest me.

After getting counsel from Mom and Dad, I reluctantly hired a lawyer, and set up establishing custody.  We didn't really have the money, but what do you do--let someone take your child from you?  Weeks had passed by, and the police hadn't intervened.  I still couldn't see my son, and I was heartbroken.

After thousands of dollars in lawyer fees, being tricked by people who were in the Family Court, paying a Guardian ad litem--and 6 months of court--I finally was given time with my son.  It was only for a few minutes, and it wasn't alone.  He had grown, as any parent who has not seen their child for weeks or months can tell.  He was less responsive.  Not happy anymore.  Shy.  Sad.  Quiet.

She had made him believe that I didn't want to see him, or let him believe that.  I guess she lacked the courage to say it was her decision.  But that didn't matter to me, because I knew I had fought as hard as a man can for his child.  Within weeks, he opened up to me a bit.  But he was only 3.  He had no idea why this traumatic thing had happened to him.  I wish I had known how to make it up to him, but I guess all you can do is appreciate what you have now.

In the end, a year later, I finally settled with her on partial custody, basically 50-50, and that I would nonetheless pay her child support anyway, just to end it.  That makes no sense to alot of people, especially since I watch him sometimes on her time.  What was the whole point?

Anyway, no sour grapes.  I enjoy my Monday, Tuesday, and Every other Weekend as much as a loving father can.  But I can never know what it's like to see him every day, take him to every family event, nor check on him any night I feel like it. 

Not all father's run from their responsibilities.  Not all father's are deadbeats.  I know there must be other Dad's out there like me, who have to wonder who is around your child, who is disciplining your child, and who is getting to spend time with your child--at least some of the time, and there's nothing you can do about it.  There is the irrational fear of a stepdad being more cool, or having a closer bond with your child.  What if he gets hurt?  What if he gets around the wrong friends?

You feel like half the week you are complete, then the other half, you try to but can't.  It never goes away that everyone's not here.  I feel guilt for those who are, because they'll never know what's the matter for half the week.  If they know, they can't know what it's like. 

All you can do is enjoy every moment, spend time with them instead of watching TV, and teaching them strong values and character, and hope for the best. 

I guess that's all any parent can do, really.

It is horrible.  But worth it. 

Some people say, "Well, then you shouldn't have had a baby with someone you are not with."  "See what happens?" 

They may be right.  I really don't know.  I know I wouldn't replace my son ever. 

But this is how some of us live.   

 


15 Comments

| Leave a comment
user-pic

It's not what it should be, Joe. No. But speaking as a kid who didn't have those moments, that half-a-week, all I can say is... those moments matter. To him. Glad you're there.

And I hope you enjoy every moment, and that there's a lifetime more to come.

user-pic

What Quinn said. I grew up seeing my father for one month out of each year. I was lucky to have that. The rest of the time my mother raised me. I definitely missed out on much of what a father is supposed to provide to his son.

I'm glad you fought for your son.

user-pic

My custody case lasted 2 1/2 years, and you wouldn't even believe if I told you some of the things that transpired. My children were robbed of a part of their childhood despite the fact that my state has rules in place that impose time limits on custody cases.

After the first few months, I could no longer afford a lawyer and decided to proceed pro se. I know the old expression that "He who represents himself has a fool for a client," but my lawyers seemed more interested in prolonging the case to line their own pockets than they were in representing me. At that point I figured I had nothing to lose.

After a year, I finally began to challenge the judge on the protracted nature of our case (something my lawyers would never have done), and he retaliated by taking my children away from me and throwing me out of our home. I appealed his decision and won six months later. But then we had to go through yet another trial that the judge dragged out for many more months.

To make a long story short, I now have primary custody of my children, but they see their dad nearly every weekend and occasionally on week nights after school. Now that we are no longer trapped in the vicious court cycle, it's much easier for us to communicate if we would like to alter the existing arrangements due to conflicts in our schedules.

Family court has nightmare stories involving both mothers and fathers. I would strongly recommend avoiding it at all costs if possible. And remember that it's the quality and not the quantity of time that makes all the difference in a child's life. Soon your son will prefer being with his friends instead of either parent, so enjoy him while you still can. :)

user-pic

Many fathers do care. And courts will respect a mother's rights over a father's rights based upon cultural considerations, conscious and unconscious.
But parents do have to step up and do the best they can for their children.

I find your fight admirable. And I hope things continue to help you grow a relationship with your son.

user-pic

I always have thought about the time when he is old enough to decide where he wants to go, and when... I've heard this alot before too, and it is an encouraging thought that one day he will be a man, and will see me not whenever he has to, but whenever he wants to.

user-pic

Joe, I don't really have anything to say. Just wanted to comment to thank you for sharing.

Good on you for living. Things happen, you are doing right.


user-pic

Thanks.

I remember during the early days of this nightmare, I was at a point where after not seeing him for months, for some reason she let me have him for a week. I was so happy to see him all to myself.
I called my lawyer, and he said that "now you've got him; your on the same legal standing as she had when she had him." He instructed me not to take him back.
This was not something I felt right about. My parents and my girlfriend heard me out, and said do what he says, F--- her. Let her see what it's like.
But I couldn't bring myself to. The last night I had him that week, I went and asked him if he missed his Mom. Yes, he said. I said, do you want to go to Mommy's tommorow? Yes, he said, and gave me a smile.
So I took him back, hard and scary though it was. What if she'd never let me see him again for a long time? What if I now ruined the better chance my lawyer said I had to keep him, by keeping him?
That fell by the wayside when I realized he was not an object, and that I would be just as wrong if I tried to keep him from his Mom, wrong though she was.
My family still thinks I made a stupid mistake. But I am the one who had to live with myself.
Don't know why no one understands that.

user-pic

Joe, you absolutely made the right decision to take him back to his mother. ABSOLUTELY. Your son is not a piece of property where "posession is nine tenths of the law." Your friends and lawyer are as wrong as wrong can be. 100% wrong. You made the right decision because you love him.

user-pic

Thank you. Deep down I know I did, I just wish those close to me would try and imagine.
But I totally agree with your description.
Thanks.

user-pic

Not an unusual tale Joe. As a man (who is decent and follows the rules) you were not on a level playing field at all even though you were as much the caregiver as the mother in this case. The whole system is set up under the assumption that traditional roles prevail in all familites which means men pay and women get custody almost every time even if that is not the best arrangement. That's just the way it is. I have found though that it seems that whoever the most unethical party is in family court, whether male or female, they tend to prevail and it seems particularly perverse that this is the case. Those who strictly abide by the rules are told if you deviate at all the court will punish you and then they watch as the other party disobys nearly every rule and order of the court and yet still gets the benefit of the doubt. It makes no sense at all. In the end, however, it is the time you miss with your child that hurts both them and you. The cruelest and worst thing one parent can do to another and to their child is to deny the other parent access to and time with the child or children. It does nothing but damage all concerned. Sorry you had to go through it all. If it's any comfort at all you certainly are not the only one who has been through this very same road of pain and heartache.

user-pic

Thanks so much, dude.

It is sad yet comforting in some way to know other grown men must personally struggle with this or worse. I wish all of us a more hopeful future.

user-pic

Thanks for sharing your experience. Your son is now 9, right? What is your relationship like now; does he stay with you more?

user-pic

Yes, a bit more, but it's only when she is out of town or has something to do. He doesn't have a choice, not yet. Soon.

user-pic

Your story really touches me. I know here in the South that if you happen to be the parent with a penis, and neither parent is in trouble with the law and/or drugs, you might as well hand over your wallet and bend over.

I get to see my son every other weekend, and we enjoy the time that we have, but I miss him so very much when he isn't here. The house just isn't the same without him.

user-pic

Yes. I know. I am sorry people like us and our kids have to live this way. I figure at least we learn to appreciate every moment.
Thanks.

Leave a comment

Joe Wood

user-pic

Following: 0
Followers: 22

Posts
Comments & Recommends


Favorites

  • Favorite Blogs are not necessarily everyone's favorite, Mr. Nasby; take Joe Wood's for example
  • Favorite Books Bartleby the Scrivener, Grapes of Wrath, The Wrath of Khan, Kahn's Corn Dogs, Dog Day Afternoon, After the Rain, Rain is Cold, In Cold Blood, Blood For Sale, The Saledon Prophecy, Don Quixote, Coyotes are Ugly, Ugly/Grumpy, Grumpy Bird, Birdman of Alcatraz, Alcatraz Curious Moments Vol I, Curious George, George Killed His Skin Doctor, Dr. Suess
  • Favorite Quotes Any by Sam Waterston doing the "Old Glory Insurance Commercial"--"Robot's can come at any time." "Robots are strong, because they're made of metal."

Bio

Professor M. M. Quimby began in 1952 his program for elementary uses for Thermos Technology, and became the sole inventor of No. 5 Electronic Skin Salve. Joe Wood, however, is an artist/author in St. Louis, MO.

All Reader Posts
How to use myTPM

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address