Actor Jason Patric is notoriously press shy, but the 47-year-old is in a difficult custody battle with a former girlfriend. He wants to help raise the child he fathered by in-vitro fertilization. But, the baby's mother wants him out of the picture.

Calling a father just a sperm donor is an insult, but it may also be the legal fate of certain unmarried dads, and Patric says he is one of them.

Patric, known for roles in "The Lost Boys" and "Speed 2" is now in a heated dispute with his ex-girlfriend, Danielle Schreiber over their son 3-year-old Gus. (Watch above video)

Chris Cuomo interviews Actor Jason Patric

He says they tried for years to have a child and Gus was eventually born through in-vitro fertilization using Patric's sperm.

Despite scores of photos and home videos showing them as a happy family, Schreiber now says she never intended Patric to be more than a sperm donor.

As proof, Schrieber has a letter Patric wrote saying he wasn't ready to be a father, and she says he asked to be left off the birth certificate.

For his part, Patric points to a stack of documents listing him as father and showing financial support… and those photos – all of which, he says, show that he is Gus' dad.

But, under current California state law, a man whose sperm is used by a fertility clinic, must have a signed agreement in writing clearly stating plans to co-parent, otherwise, he does not have parental rights.

California State Senator Jerry Hill who wrote the original law- is now leading the charge to amend it to allow for a donor who says he intended to be a father, but had no signed agreement – the opportunity to gain parental rights…

Patric says there will be others like him, but his immediate concern is for little Gus, whom he says needs his father.

In a "New Day" exclusive, Patric opens up to Anchor Chris Cuomo in an emotional interview.

"I never had a child before, it's a first child and I think that like any who has had a first child, you get very overprotective..." he says. Watch:

They go on to discuss the law that protects women from sperm donors so that they don't try and get involved in a life they waived their rights to. This law however, can catch up unmarried men who don't have a contract for being a parent. Watch:

"What is it like not having him in your life?" asks Cuomo.

"It's unthinkable," Patric replies.

Watch: