this post was submitted on 15 Feb 2024
62 points (86.9% liked)
Asklemmy
43912 readers
1038 users here now
A loosely moderated place to ask open-ended questions
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- !lemmy411@lemmy.ca: a community for finding communities
~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Pretty horrible. Wife wants a divorce and is unwilling to try and fix things. Barely communicates with me at all.
I met my stepson when he was 9 months old. He's 11 now. I'm the only father he knows. I'm devastated, because not only am I losing my wife, but I'm also losing my son, as I have no legal right to him. I'm estranged from the rest of my family, so the world is looking pretty cold and lonely from here.
If you have talked to a lawyer who has said that you have no legal right to see your stepson, it's worth talking to a different lawyer. If you have not talked to a lawyer, talk to a lawyer ASAP. Specifically, a lawyer that's at least familiar with the 4-part test in the Wisconsin Supreme Court case In re H.S.H-K. that shows a parent-like relationship. Even if you cannot afford to hire one to represent you, go for a one-time consultation.
Most states recognize that it's bad for children to rip them away from people that are like parents to them, and courts will order visitation. Many state courts have adopted Wisconsin's 4-part test, or have their own, similar doctrines. And these are strong arguments, with lots of jurisprudence behind them, that are worth raising in any divorce proceeding.
I'm not a lawyer, but I was a legal assistant at a family law firm. I saw too many men convinced that the courts were biased against fathers, so they didn't even try to fight for their kids. The men who did try (even without a lawyer) generally got custody, placement, or visitation to stay connected to their kids. In one case that sticks with me, we won court-ordered placement for a man who found out that his daughter with his ex-girlfriend wasn't his biological daughter after the ex wanted to cut him out of her life, and they did a paternity test. Even though they weren't married, and he had no biological or legal connection to the child, the court recognized the parent-like relationship, and found that it was in her best interest to continue it.
I guess what I'm saying is, don't conclude that you will lose your stepson unless and until a court says so.
That’s a really awful situation. I hope things get better. Maybe she’ll change her mind in the future and let you at least spend some time with him.
I'm sorry to hear that, bro. Do you have any hobbies or interests you can focus on?