An attorney for his ex-girlfriend calls his claim nonsense and adds that the dispute is over an invasion of privacy

By Tim Nudd and Ken Lee
Updated February 14, 2014 08:00 AM
Jonathan Leibson/Getty

Jason Patric’s bitter custody battle with his ex-girlfriend has escalated, with the actor claiming Danielle Schreiber has filed a motion to prevent him from saying the name of their 4-year-old son, Gus.

“My ex and her family, the Schreibers, are now trying to restrain my voice and have filed a motion to limit – actually, erase – my First Amendment Constitutional rights to ever speak about my son, Gus, [and] to basically never have his name come off my lips,” Patric says in a new YouTube video.

“So, not only have they taken away my son, tried to erase my memory from him – now, they want to take away my rights as an American. And I’m not going to let that happen.”

Fred Heather, an L.A. attorney for Schreiber, disputes Patric’s claim, telling PEOPLE it’s “simply not true” and “nonsense.” Heather adds: “We’re seeking to stop Mr. Patric from using Danielle Schreiber’s son as a billboard for fundraising – to stop him from exposing her son’s name and photos of him to national media, even if the kid’s picture is blurred. It’s an invasion of the child’s privacy. We want him to leave the child out of this. He has no right to make this child subject to public scrutiny.”

The Lost Boys actor, 47, was denied any parental or visitation rights by a judge in 2013 in what Patric has called a “legal technicality.” Gus was conceived through in vitro fertilization, and Patric was the sperm donor. Under California law, a sperm donor is not considered a natural father of the child.

For her part, Schreiber claims Patric donated his sperm “under the condition that his donation never be made public and that he would not be a father to the child,” she previously said in a statement. “I chose to use a known donor over a stranger, but only after I knew the law would protect my ability to make the best decisions for my son.”

Patric has started a foundation, Stand Up for Gus, to fight for what he believes are his rights and the rights of other parents in similar situations.