Tuesday, January 15, 2008

You might wonder why I’m putting this story here in the middle of a bunch of “Back to the Land” tales, but it provides some background for the post that will follow. I also ask that you accept that our actions were “noble” ones. The devil is in the details, and I hope you know me well enough by now that you can accept that there were reasons – too long and complicated to go into here – for believing that Daughter would be better off without close contact with her biological father. We also did everything humanly possible to make this transition a positive and happy one for her. Some affirmation of this came after the move: the "neutral" pediatrician involved in the court ruling sent us a personal letter containing her congratulations and best wishes for us in our new home.

A Child Lost, A New Life Begun

In the summer of 1974, after making the decision to leave the city, I put my condo apartment on the market. My wasband, exercising his rights of visitation, came to take our daughter one Saturday, and upon their return, spotted the “For Sale” sign.

Five days later, the man in the rumpled suit rang our doorbell, said my name with a question mark, I answered “Yes?” and was handed legal papers stating that I was an unfit mother, that my current husband was attempting to sabotage Wasband’s relationship with his daughter, and that the child’s father was a far more suitable custodian. After all, he had a larger income and a larger house near an elementary school. Somehow the petition omitted mention of his mental instability and drinking problem. In these papers he looked like the hero of “Father Knows Best.”

At that time I was a little more than three months pregnant. Maybe it was a bit of a rush on our part (or was it that we were just careless?), but already having a five-year-old, Husband and I were thrilled to be expecting a baby.

In divorces in those days, a biological father almost never was granted custody of a daughter of kindergarten age. It only seemed to happen in the rare case where the mother was so unfit as to be in jail or otherwise institutionalized or perhaps a known prostitute or sexual offender. The law was definitely biased toward the belief that the place for a little girl was with her mother. And yet this “rule” was not set in stone, a fact weighing on any mother facing a custody challenge. I came apart at the seams.

The custody petition was served on me on a Thursday. The next day I began to bleed, and despite bed rest and a great deal of love and reassurance from Husband, the bleeding became hemorrhagic, and our unborn child was lost. My body had traumatically aborted, unable to deal with its sudden awareness that a child loved can also be a child taken away.

We removed the “For Sale” sign and resigned ourselves to fighting the court battle ahead of us.

I’ll spare you the gory details. Six months later, on December 31, 1974, the judge – on his final day on the Family Court bench – ruled that Wasband was to pay unpaid Child Support, seek mental health counseling, and continue the responsibility of visiting the child one day of any weekend in the county of her residence wherever that might be. That last phrase was hand-written into the margin of the document on the morning the case went to court, and it was what we needed to be able to make our move to the country.

There was one problem: There is nothing to prevent a person from filing a lawsuit at any time. Had Wasband thought we were going to move, he could have filed his petition again, and we would have had to defend ourselves again. He could have stalled our plans and obtained an intolerable (to us) visitation agreement. The only way we could move without risking that was to do it under the cover of darkness. That meant keeping our plans a secret, even from Daughter.

On a Thursday less than a month later, the court denied a scheduled Saturday visit by Wasband because he had not yet complied with the order to seek mental health counseling, nor had he paid the owed child support. The next morning we explained to Daughter that we were going to move, rented a 20’ U-Haul and began loading everything we owned into it. Our friends joined in the frenzy of piling dishes, piano, toys, bedding, books, and even canned food into about 1200 cubic feet of truck. We worked well into the night, loading all of our worldly goods, leaving nothing behind, and if that truck’s storage area had been a cardboard carton, the whole thing could have been accurately labeled “MISCELLANEOUS STUFF”. The next morning we were driving east on the Thruway, on our way to a new life.

I have written about our first year in the North Country, searching for and finding land, and a couple of the trials and tribulations involved in beginning to settle on it. Most of this was a joyful time, a relief from the stress of on-going wasband battles, and it was the beginning of an adventure. There was, however, one unhappy fact. During that first year, I was having some medical problems, and in that summer of moving the trailer and putting up the pole, I was diagnosed sterile. Husband and I would have no children.


Next: Water, water everywhere...
.

14 comments:

Slip said...

All things happen for a reason, but your heart must have been broken.The Judge was a wise man.

Synchronicity said...

oh my...i don't know what to say. i went through infertility for two years but this is no comparison. i humbly wait for your next writing.

DirkStar said...

Sometimes the worst looking actions are what is really the best for all parties involved.

Did Wasband ever change? Did he outgrow he drinking and is a a part of the child's life now?

Nice piece...

..................... said...

my heart sunk at the reading of your miscarriage and swelled with anger at your wasband ...

whimsical brainpan said...

I think you did a wise thing keeping your daughter away from your wasband.

I can't imagine how horrible you must have felt. To have to deal with all of that crap and the loss of a child must have been unbearable.

Robin said...

You never cease to amaze me. What a strong woman you are....

Linda G. said...

Thanks for sharing this difficult time with us.. I'm saddened by your loss and admire your courage:)
I love these stories Wiz, and thank goodness you got your pole up!

Anonymous said...

O dear wiz - you come by your wisdom from hard times - but, love shows through in all you write and in the photos you share
Becky

Linda@VS said...

Thank you for writing this. I understand from personal experience why you chose to make the move "under the cover of darkness," and I applaud you for having the courage to write about such difficult experiences.

Judy said...

I am touched by each of your thoughtful comments.

My growing up years were so ideal, my own parents were people of exceptional heart and character. "Happily ever after" was what my subconscious expected, but I drove my train off the tracks.

I had always believed I could do anything I set my mind to (well, within the reasonable limits of my less-than-amazing talents...) It turns out that even when you have the old "can-do" attitude, even when you manage to get over the rough spot, a price is paid. The robin that repeatedly flies at his reflection in the house window might feel victory when someone inside turns on a light and the imagined rival disappears, but he flies away with a bit less spark then he had before the encounter.

Better times and happier stories lay ahead, in large measure because of the my good fortune: the second time, I married the right guy. We occasionally crack this joke: "It's a good life if only we don't weaken." : )

Dirk - It would be hard to tell the story of what happened to Wasband because it would have to involve lots of petty crap details. It's been almost 32 years since Daughter or I have heard from him. It was his choice and his doing. I've kept track of his whereabouts, and although it was something I feared for some time, I would have helped her find him if she wanted to. She considered that for awhile when she was in her late teens, but then (whether because of fear or because she has always considered Husband her real dad), she apparently lost interest in doing so.

CS said...

Oh, I'm so very sorry. ANy miscarriage is a sorrow (I have had one) but having one essentially caused by the actions of your ex is so sad. I don't think anyone who reads this owuld fault you for moving your daughter away secretly. You do what you have to do to protect your children - end of story. I have often thought that if I were faced with losing custody of my child I, too would "come apart at the seams," and then I'd go underground with the child. And it wouldn't even be a difficult decision. Thanks for deciding to share this story.

Judy said...

CS - About a month after the move, once we had established residence in the new county, we notified Wasband in writing of our new address. At that point, he was bound by the visitation agreement to visit her "in the county of her residence." He could have re-filed, but the chances were very slight that a judge would have heard the case in our old county of residence (or sided with him). We also believed strongly that his only real interest in Daughter was as a way to get at me, and once that was made a little more difficult, he'd give it up. Maybe after a few more of the "Back to the Land" stories I will write more on how things eventually played out.

meggie said...

Having lost a child, (in very different circumstances,but due to distress) I can feel the pain in that story.
It is said that what doesnt kill you, makes you stronger. I disagree, - it just makes you changed forever.
I feel your daughter had a better life, & applaud your actions.
So glad you found the right Husband.

Jocelyn said...

Oh, dearling, the loss of your child. The loss of hope for any children. The plague of the Wasband.

But the courage to move, the beauty of Daughter, the love of Husband, the Land, the ability to write with pain and appreciation about it all--you are All That Is Good.