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Step-parenting

Connect with other Mumsnetters here for step-parenting advice and support.

They now want contact

54 replies

Namaste21 · 13/08/2023 10:59

So I have raised my son from the age of 7 months with my partner. We are a same sex couple and his birth certificate mum left him at 6 months to move to Australia. He is now 2. She is now back from Australia and wants something to do with him. Everything I do is what’s in the best interest for him. But I can’t help feeling she’s now back in his life because she can’t stay out in Australia and I just don’t want him to be anyone’s second option. He deserves to be everyone’s first option. I have no parental rights at present to my son and she does. I don’t want my emotions to get in the way of what is best for him so just wanted abit of advice on other peoples thoughts on whether this is what’s best for him? I have turned my whole life around to do what’s best for my son and I would do anything for him, he is literally my world and it would destroy me to lose him but in the eyes of the law I am not his parent

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FrenchBoule · 13/08/2023 11:02

Legally you have no right do can’t withhold access.
You need sound legal access and quickly before it gets nasty.

FrenchBoule · 13/08/2023 11:02

*do-so

FrenchBoule · 13/08/2023 11:03

You need sound legal advice not access 🤦‍♀️ sorry

GrumpyPanda · 13/08/2023 11:09

Is your partner the bio dad? Too bad you didn't try to agree on an adoption right from the start.

panko · 13/08/2023 11:11

What is the legal position? Does your partner have parental rights?

D3LAN3Y · 13/08/2023 11:13

I'd seek legal advice, emotions aside, what does your DC want?

Namaste21 · 13/08/2023 11:15

we sought legal advise and she will always have every right to see him. I just can’t bare to see him let down. We initially literally pleaded with her to come and see him, to be home for his second birthday, to maintain contact but nope nothing until now. He calls me mummy as I am all he has ever known but now I just don’t want him to confused or feel rejected by anyone. Should we allow 50/50 access? I just don’t know what to do that’s best for him

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Namaste21 · 13/08/2023 11:16

I’m new to these threads and not sure what DC means?

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Namaste21 · 13/08/2023 11:17

GrumpyPanda · 13/08/2023 11:09

Is your partner the bio dad? Too bad you didn't try to agree on an adoption right from the start.

My partner is bio mum

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Namaste21 · 13/08/2023 11:18

Namaste21 · 13/08/2023 11:17

My partner is bio mum

And I sought legal advise for adoption but they said it would take years and with his age would be unlikely I would get it and the judge would probably rule in her having to have 50/50 access to attempt for them to bond

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D3LAN3Y · 13/08/2023 11:19

Namaste21 · 13/08/2023 11:16

I’m new to these threads and not sure what DC means?

darling child? summit like that

Namaste21 · 13/08/2023 11:20

panko · 13/08/2023 11:11

What is the legal position? Does your partner have parental rights?

Yes my partner is bio mum so has parental rights. We are awaiting to get married as that was legally advised for me to gain equal parental rights but they advised against adoption for now

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Namaste21 · 13/08/2023 11:21

D3LAN3Y · 13/08/2023 11:19

darling child? summit like that

he is 2 so currently too young to understand… she is currently a stranger to him as she has been living in Australia. I did ask him and he shook his head no but that was unfair as he doesn’t know who she is

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panko · 13/08/2023 11:22

Namaste21 · 13/08/2023 11:15

we sought legal advise and she will always have every right to see him. I just can’t bare to see him let down. We initially literally pleaded with her to come and see him, to be home for his second birthday, to maintain contact but nope nothing until now. He calls me mummy as I am all he has ever known but now I just don’t want him to confused or feel rejected by anyone. Should we allow 50/50 access? I just don’t know what to do that’s best for him

I think 50/50 would be very unlikely to start off with. More likely she'd be allowed to start with some limited contact and build a relationship.

PrimalOwl10 · 13/08/2023 11:23

How does she have rights if she's not his biological mum? Surely she had much right as you, your both not biologically related to this child.

tineymouseinswimmingpool · 13/08/2023 11:24

That woman is his parent and it is that child's right to a relationship with her.
Without adoption or agreement from both parents you should have managed your expectations around a baby that wasn't yours.

It shouldn't get nasty, she should be helped to have a relationship with the child for the child's sake. It may not work out if she's irresponsible or flakey, but encourage it. The child will already know they have a mother out there, so introduce her slowly.

If you ask her to take it slow and maintain a bit of control, which would be responsible, she should be able to prove herself over time. If she wants to steamroll in then that will be on her, as long as you're not denying access.

The father should set up some visitation for her until she is able to prove herself.

But sorry no, it's not your child.

LaviniasBigBloomers · 13/08/2023 11:25

Legally you are in such muddy waters here that my advice is somewhat different to that I'd give someone with parental rights.

Firstly you need good legal advice from someone who knows this kind of situation inside out. I imagine it's more common with same-sex couples so a more specialist forum. You need to pay for this, don't think a half hour from the solicitor on the high street is going to cut it. You need a full understanding of your legal position.

Second, your emotions are absolutely valid, of course they are, but that doesn't really matter in the scheme of things. Vent on here by all means but the way you feel doesn't affect the fact that this is your child's parent and you have to do what's best for your child. Sadly, this might mean giving your ex the chance to fuck things up. OTOH they may be over whatever it was that made them leave their child and ready to play a more full part in their life.

Note that doesn't mean I'd jump straight to 50/50. They are a stranger to your child, like anyone in that situation they need to start with small, supervised visits and build up.

If you have a baseline of where you want to end up: Ex, let's start small and hopefully build up to every other weekend in a year or so. Then you take the heat out of things while also laying down a line. The aim unfortunately has to be to keep the ex onside as I believe legally they hold all the cards. I'm so sorry, you're in a terrible position here.

WunWun · 13/08/2023 11:26

Sorry for my question but I don't understand what happens with same sex couples on birth certificates.

Your partner is his biological mum and the ex was also female and is on his birth certificate?

Namaste21 · 13/08/2023 11:26

panko · 13/08/2023 11:22

I think 50/50 would be very unlikely to start off with. More likely she'd be allowed to start with some limited contact and build a relationship.

What should she be known as. I’m mummy to him, his bio mother is mama. We never thought this would happen as she she upped and left them both. I bought a house with her so they both had a roof, she wanted their house money for travelling but never gave a thought for him. Never said keep the house as our son needs a roof over his head. Has never asked for updates until recently. When he was very Ill at the beginning just told boo mum to give him paracetamol and never came to see them both. He’s been in and out of hospital as he’s been very unwell

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LaviniasBigBloomers · 13/08/2023 11:27

I completely missed the post where you said your partner has parental rights! In which case, much of my post above is useless, I thought you had literally been left holding the baby.

Yeah, that puts a different spin on things - it's really about managing your emotions while supporting your partner then. But equally, I wouldn't think a court is going to flick to 50/50 when a child is a stranger to their parent.

panko · 13/08/2023 11:29

tineymouseinswimmingpool · 13/08/2023 11:24

That woman is his parent and it is that child's right to a relationship with her.
Without adoption or agreement from both parents you should have managed your expectations around a baby that wasn't yours.

It shouldn't get nasty, she should be helped to have a relationship with the child for the child's sake. It may not work out if she's irresponsible or flakey, but encourage it. The child will already know they have a mother out there, so introduce her slowly.

If you ask her to take it slow and maintain a bit of control, which would be responsible, she should be able to prove herself over time. If she wants to steamroll in then that will be on her, as long as you're not denying access.

The father should set up some visitation for her until she is able to prove herself.

But sorry no, it's not your child.

There is no father involved here

Namaste21 · 13/08/2023 11:29

WunWun · 13/08/2023 11:26

Sorry for my question but I don't understand what happens with same sex couples on birth certificates.

Your partner is his biological mum and the ex was also female and is on his birth certificate?

Dont apologise it’s quite an unusual situation which family law solicitors have even struggled with in giving advice. Yes so bio mum gave birth to him, sperm from donor and bio mums partner at the time is on the birth certificate

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BoohooWoohoo · 13/08/2023 11:30

If his other mum took you to court then she could eventually ask for 50/50. She'd have to live locally to you so she could do the school run etc but courts see it as a good thing even if there's been years of no contact in between. They believe that kids have a right to know both parents and the child shouldn't be punished because there was no contact in between. I understand that you may feel insecure as you don't have parental rights but if you split from your current partner then you'd have no rights to contact too.

Namaste21 · 13/08/2023 11:31

tineymouseinswimmingpool · 13/08/2023 11:24

That woman is his parent and it is that child's right to a relationship with her.
Without adoption or agreement from both parents you should have managed your expectations around a baby that wasn't yours.

It shouldn't get nasty, she should be helped to have a relationship with the child for the child's sake. It may not work out if she's irresponsible or flakey, but encourage it. The child will already know they have a mother out there, so introduce her slowly.

If you ask her to take it slow and maintain a bit of control, which would be responsible, she should be able to prove herself over time. If she wants to steamroll in then that will be on her, as long as you're not denying access.

The father should set up some visitation for her until she is able to prove herself.

But sorry no, it's not your child.

So I’d like to know what you’d describe as a parent?
he is my child! So 2 parents who adopt their child… that isn’t their child?
have you got children?

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Namaste21 · 13/08/2023 11:34

Namaste21 · 13/08/2023 11:31

So I’d like to know what you’d describe as a parent?
he is my child! So 2 parents who adopt their child… that isn’t their child?
have you got children?

Sorry just read your comment about adoption
i still think it very unfair that you say he isn’t my child. Yes I don’t have legal rights but also legal parents get up and leave. I don’t have a dad because he was useless and my step parent was more a dad to me.
everything I do is for that little boy! I didn’t leave him to move to Australia. I stuck around and showed him all the love he deserved. So you can reasonably give me all the other advise, I take it on board but do not tell me he isn’t my child

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