Father with a brain injury

[jensibelle]

Ok..in May of 2007, (our son was 23 days old)..my husband suffered cardiac arrest, and a subsequent annoxic brain injury. He remained in a skilled nursing home until May of 2008, when he was released to me. He has to have 24 hr supervision.. He has a team of therapists that come in and out of the home everyday. Well..around Christmas time he became EXTREMELY depressed, and I had to make the difficult decision of ending our marriage. He has a lot of cognitive damage, as well as severe short term memory loss...making it extremely difficult to be around him. He has since moved 4hrs away and is living with his parents. Since he has been away he has devoloped this notion that our son is not his and is demanding a paturnity test. I refuse to give it to him because there is no chance of him not being his..he signed the birth certificate..he was so happy when he was born. I think his parents are putting ideas in his head. Anyway..he NEVER calls, he doesn't send money..and he's seen his son once in the last six months. We are going to court on Friday and I'm planning on asking for sole custody. I think at this point it's safe to say he would require supervised visitation..as he or no member of his family has made any attempt to see/call/or get to know our son. Is this wrong? Do I have any chance of getting sole custody?? With him only having supervised visitation??

 

[4MySon97]

If he is stating that your son is not his and you are going to court he will probably force your hand in giving him a paternity test anyway. (Through a court order) I would avoid any delays in court... and let him pay for the test and give him what he wants. Proof.

 

[Duranie]

Dad can ask for custody but he has almost no chance of getting it since he has little realtionship with the child and he moved 4 hours away. You can certainly ask for supervised visits. Also since Dad is the one that moved, how is he going to trasnport himself to see the child? Make sure that is addressed. I am assuming he is unable to drive? If Dad physically is not able to take care of himself then he cannot take care of a toddler that is for sure, without assistance. I agree it is too late for him to say the baby is not his, in most states it's too late for him to demand a DNA test.