My friend has been involved in a custody battle with a known sperm donor for almost 2 years. She did in vitro fertilization to conceive her children, and the sperm donor was NOT her consenting partner. He knew she was doing in vitro because they were friends. They had previously dated long before my friend ever decided to have children. They remained friendly after their relationship ended, and he knew that she wanted her children to be able to know who their biological father was. She made the mistake of putting his name on the birth certificate because she thought he was the biological father of her children. Nobody at the hospital advised her that there are legal consequences to putting a man's name on a child's birth certificate.
My friend has raised, supported and nurtured these children single-handedly since birth. Her daughter is almost 6, and her son just turned 4. She has never asked for nor received child support from this man. He has never even taken an interest in her children until this litigation started.
Initially, he was looking for financial support. When that failed, he made good on his threats to come after custody of her children. I am not going to write out the details of this case here.
The bottom line is that the court has required my friend to deliver her children to this man in NY from June 6th until September 1st. She am only to see them 6 times for 48 hours each time. Her children never spent a night away from her before June 7th of this year. I feel that she was completely denied due process in the temporary access hearing. She was not permitted to present her witnesses and evidence supporting the fact that she had been the exclusive care giver and support provider for these children since birth as the court "sua sponte" called the temporary access hearing with only two and a half weeks notice (to her) and her witnesses could not travel in from out of state in that short time. The other side made baseless claims that this man was a parent along side my friend from the beginning until she unilaterally cut him out of the children's lives. They claim that he and my friend were a couple "summering in Bedford and wintering in Palm Beach." Every single person who knows my friend and her children knows that this couldn't be further from the truth. This man has never even tried to be in their lives as a father. If he had, she would have allowed it. She used a known donor so her children could know who the father was!! This man has still not been legally determined to be her children's father!!!! She has an appeal pending.
I need to show this court that it has erred greatly and placed my friend's children in harm's way. They are in NY. She has no idea what they are doing. The Respondent has not contacted her to let her know how they are. She has been able to call and speak to them. They are living with his sister and they have spent several days with other people who we know nothing about. He is a self admitted recovering heroin addict. He has been to jail for possession and burglary. He has a history of drug use. He has no home with a lease or a deed or anything showing he has rights to be there. My friend has not been provided with a schedule for how her children's needs will be met. There is no communication from this man beyond that which is designed to harass her. Most of his communication (in my opinion) is written by someone else who is singlehandedly the most vicious and unethical person I have ever met.
I want the court to understand that from people's perspective (who know my friend or know of her), she am devoted to her children. She does not drink; she does not use drugs; she does not even date (no time!). She cares for her children herself. She attends every school function and extracurricular activity. She attends playdates. She takes her children to church and teaches Sunday school. She volunteers at school and in other organizations in the community. Whether this man is determined to be the father or not, these children should not be removed from their mother, their home and their community. He should be required to do the right thing and become a part of the lives these children have known since birth. He should not be permitted to rip them out of the stable nurturing enviroment. 3 months is an extraordinary amount of time for a 4 yr old and a 5 yr old. Please sign this petition for me. Thank you.