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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not want biological dad involved

173 replies

BlueParrott · 20/01/2017 16:16

My son is 18 mnths old. Split with his dad before he was born and the only contact weve had since is when he visited us when he was a newborn to question his paternity and tell me no one would ever want me with a mixed race child!
Anyway now ive moved with my son an hour and a half away with my fiance. My fiance and i are marrying July 2018 and he plans to adopt my son. However ive heard from a good friend my ex is sniffing around and isnt happy i moved without telling him. Hes the type to cause trouble aibu to not want him involved in our lives?

OP posts:
BlueParrott · 20/01/2017 20:36

To be honest I'm hoping my ex was just angry and now he's calmed down he'll realise he had no interest in my son and will leave us alone

OP posts:
Bigfluffybear · 20/01/2017 22:23

Blue i understand hes a pain but you do need to be reasonable if he wants to see his son you have to co operate. Your fiance needs to co operate tooFlowers

BlueParrott · 20/01/2017 22:43

I will co operate if he contacts me but im not over thinking it and certainly am not going to be contacting him. I really wish i hadnt put my exs name on the birth certificate

OP posts:
flappynewyear · 20/01/2017 23:21

I have no experience with adoption but I can only assume that you have been with your fiance a year? Is that not a bit quick to be making such a huge decision on your ds' behalf? I do think that for your son's sake you need to be compliant. Hoping that he "will not bother" isn't in the best interests of your ds.

BlueParrott · 20/01/2017 23:34

Were going to get married first then make the decision flappy. My ex hasnt bothered in 18 months and weve been fine. You cant just develop an interest at this stage.

OP posts:
flappynewyear · 20/01/2017 23:36

You cant just develop an interest at this stage.

I think in the courts eyes you can OP.

BlueParrott · 20/01/2017 23:40

He cant walk in and out of my sons life though that will be too disruptive to him and i wont allow it.

OP posts:
flappynewyear · 20/01/2017 23:45

I understand that, but you need to give him a chance. The court will want to see that you have actively facilitated contact. As others have said if they perceive that you have been obstructive it will go against you and I assume any adoption applications you make in the future.

BlueParrott · 20/01/2017 23:49

Sad so its lose lose really

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LagunaBubbles · 20/01/2017 23:51

Whilst I appreciate what you have said about your ex if he wants contact with your son then he does have legal rights and I doubt your fiancé will be able to adopt him.

BadKnee · 20/01/2017 23:56

Your son has a right to his father. If he, at a later stage, chooses not to see his dad that is fine but unless there is a real danger to your son it is unfair of you to try and deny contact just because it suits you better to have him out of your life.

He would have to give his permission for an adoption and quite right too.

Did he ask for paternity testing because you were sleeping with someone else while you were pregnant? Or have I got the threads mixed up?

BlueParrott · 21/01/2017 00:01

I wasnt sleeping with anyone else hes just a spiteful person. My fiance is the constant male figure in my sons life who supports him i cant imagine his real dad being able to step up

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neonrainbow · 21/01/2017 06:08

It's not up to you to decide. Your son is entitled to a relationship with his father and any decent mother would be trying to facilitate that not "pushing back" against and"ignoring"the fathers attempt to contact which you have already said you intend to do right here on this thread. You're putting your own interests before your child.

pennyscrayons · 21/01/2017 06:14

Really feel for you Blue. But his father sounds useless from what you've said and in my experience they will always revert to type. I will give u my experience which may ease your anxiety.
I'm lucky my dd's feckless father isn't on her birth cert. However, after not seeing her from birth as it was 'too much and too hard' for him, he got in touch when she was 5. I gave him a chance as I asked dd if she wanted to meet him. I supervised visits, through gritted teeth I had to spend time with him. After 6 meetings he disappeared and has not contacted us since. Not even Christmas. He pays no maintenance. He has had his one chance and he's blown it.

I suppose what I'm trying to say is if it does turn into him seeing your son, give him enough rope and he will do the rest. If he is doing this just to be spiteful, he will possibly get bored. Plus your son is young enough for this hopefully not impact too much- be thankful for that. Hope it all goes well Smile

DeathStare · 21/01/2017 06:43

I think I'm within my rights to push back if he wants contact.

Actually you aren't. Sorry.

As your ex is named on your DS's birth certificate he has legal parental responsibility which is equal to yours. It is highly unlikely that a court wouldn't award him contact if he decided to pursue it. If I recall correctly your son is only very young, so a father wanting to get involved this early in his life is not likely to be seen as being "in and out of his life" the same way as if he was several years older and had frequently had contact then stopped.

By not facilitating contact between your DS and his father you are likely to look unreasonable in Court and it is more likely your ex would be awarded contact arrangements you wouldn't be happy with. I would also add that a Court is likely to be rather unhappy if your DS was calling someone else "dad" or had someone else presented to him as his dad. In fact they can (and sometimes do) order that this stop. They will also take a dim view of you not providing your new address to your ex as soon as you moved. As he has PR he is legally entitled to know where his son is living unless knowing this would put you or your DS at risk. If he asks for the address and your friend passses this onto you, you must provide it (unless you are at risk).

Also your DP cannot adopt your DS without everyone with legal PR (so both you and your ex) signing consent - and a judge is unlikely to take your ex's consent without him having had appropriate legal advice. In any case step-parent adoption is usually discouraged now with Courts instead preferring to award a step-parent PR agreement, which would mean you, your ex and your DP would all have PR.

Sorry if none of this is what you want to hear.

OP on your last post I said I felt that while I could empathise with your SIL's concerns but ultimately felt you were both adults and could make your own minds up. I'm afraid this post has made me understand your SIL's concerns even more and I'm sorry but I'm going to be quite blunt now.

I completely understand that what you are trying to do is make a happy family for yourself and your DS but at the moment this is a powder keg ready to blow up in your faces. Regardless of what you think of your ex, he is your DS's father - legally and biologically and his PR is equal to yours. You can't deny him contact just because you don't like him and you think it would be better for your son to grow up with just you and your DP.

I'm not denying that your DP may well turn out to be the responsible reliable male in his life and that it may well be your DP he has the closest relationship with. But when you allowed your ex to sign that birth certificate you gave him equal rights to you and you are not able to take those away.

Also bear in mind that if you got hit by a bus tomorrow your DS would be handed over to the only remaining person with PR - his father. Yes your DP could apply for the right to fight this through a Court but that would take time.

Sorry OP. I know you mean well but you can't just create a new family for your DS replacing the old one, when someone in the old one has PR.

Ellisandra · 21/01/2017 08:22

Why do you want the adoption anyway? If you need a piece of paper to feel there is a familial connection between your son and your husband (when he is) then you're marrying the wrong man. You still haven't said why you'd kick this hornet's nest for an adoption that isn't needed.

RebootYourEngine · 21/01/2017 09:06

I think you are pushing something (the adoption) that doesnt need to be done.

I dont usually bring up Posters other threads but i have noticed that when you post you seem to miss out information. You posted before that your sil had a go at you because your ds called your fiance dada. You said that you wouldnt be encouraging that but yet you want your fiance to adopt your ds. So he will be his dad but wont call him dad. I dont get that.

Underthemoonlight · 21/01/2017 09:18

I remember your other threads whilst the sil was nasty she was right to be concerned I would be if it was my DB there's been three relationships in the last 18months of your dcs life. You're DP should be building a relationship up with your DS the talks of adopting seems way too soon. Your ex has rights he has to fore go his parental responsibility he might have decided he wanted contact and grown up.

My ex did the same didn't see DS for a period of time then wanted contact, as much as I hated the prick my DS had a right to a relationship with his dad if it had failed then at least I could say we tried for DS.As it stands he has had a relationship for the last 7 years it was built up over a period of time. My DH didn't need to adopt him he has a loving father and a loving step dad it didn't need to be on or the other.

Underthemoonlight · 21/01/2017 09:22

You need to seperate your feelings about him and your DC if he wants contact then you should facilitate that regards on your feelings on him.

Isetan · 21/01/2017 09:41

If your Ex pursues contact there's very little you can do to stop it and even if he wasn't on the birth certificate, it wouldn't take much for him apply to be included on it. At this point, if you really don't want him in your life then pursuing (a lost cause) adoption could defeat that object.

I also commented on your last thread about your SIL and I think you are moving too fast. Your Ex's possible reappearance just highlights why it's unwise for your 18 month old son to call your boyfriend of just 18 months Dad.

BlueParrott · 21/01/2017 09:42

The amount of relationships is irrelevant moonlight. We eventually want adoption as my fiancé will have PR but that's a way off. I'm hoping his dad's stupid obsession with wanting to be in his life fades quickly it'll be a phase like everything is.

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Andbabymakesthree · 21/01/2017 09:45

What are the risks to the child to refuse contact?

BlueParrott · 21/01/2017 09:46

None baby apart from I know he'll mess us around and won't turn up and become his spiteful self

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Finola1step · 21/01/2017 09:51

He hasn't been in contact so for the time being, keep a lid on it.

In the meantime, start researching appropriate solicitors in your area. If he does get in touch, get a solicitor in place. Then you will be able to tell your ex that you are happy to discuss financial arrangements for your son through your solicitor. Then sit back and see what happens.

RebootYourEngine · 21/01/2017 09:54

What happens if you and your fiance separate? Will you want your next partner to adopt your ds?

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