July 15, 2013 at 8:52 AM ET
Actor Jason Patric fathered a son with his ex-girlfriend Danielle Schreiber via sperm donation, and now he wants to officially be recognized as that child's father — complete with custodial rights of his own. But he has a legal fight on his hands in the state of California.
According to Schreiber, who dated the "Lost Boys" star both before and after the donation, he has a relationship of sorts with 3-year-old Gus, but he's no dad and he never intended to be.
"During the course of my dating relationship with Jason, he was exposed to Gus," she explained during a Monday morning visit to TODAY. "Gus is my world. Anyone in my world would have contact with Gus."
But that's as far as it goes, say both Schreiber and her lawyer Patty Glaser.
"The facts, the law, common sense are on Danielle's side in this case," Glaser added. "The law in California could not be clearer. He had an opportunity prior to the conception of this child to say, 'I want to be the dad.' He said 'no.' He not only said 'no,' he said, 'I want to keep it a secret.' And then right before the child was born, maybe four or five days before the child was born, he says it again in writing: He doesn't want to be the dad. He then comes in after the fact and by intimidation — dad-by-intimidation — he wants now to claim parenthood."
In fact, he tried to claim parenthood in court already, but the case went Schreiber's way, with the judge stating that the law was indeed in her favor. But it might not remain that way. Patric has appealed the decision, and California state senator Jerry Hill has proposed a bill that could give donor dads like the actor more rights.
Schreiber insists that, despite the role Patric's played in her son's life, he doesn't deserve any rights to Gus.
"It's not about him having a relationship or contact with Gus. This is just about rights," she said. "Me preserving my right to be a sole legal parent, not having to share that with someone who has never intended to and never raised Gus, even when we were dating — Jason never did anything to raise Gus. He never changed a single diaper."
Patric will tell his side of the story Tuesday on TODAY.