I RECENTLY HAD A BABY GIRL AND NOW HER FATHER IS THREATENIG TO TAKE HER AWAY FROM ME. IS THERE ANY WAY THAT I CAN GET CUSTODY OF HER SO HER DAD CANT TAKE HER AWAY?DOES IT COST ANY MONEY??
2006-06-07 01:25:21 · 15 answers · asked by jeanielizzie 1 in Pregnancy & Parenting ➔ Newborn & Baby
HE ONLY THREATENS TO TAKE HER AWAY WHEN WE GET INTO FIGHTS OR SOMETHING STUPID BECAUSE HE KNOWS SHES THE ONLY THING IN MY LIFE THAT I LOVE!!
2006-06-07 04:57:39 · update #1
i speak from experience cuz I'm gng thru this rite now.i live in Cali,where do u live?I'm assuming ur on maternity leave?in that case u dont have much income coming in?go 2 legal aid.if u dont have a lot of money...it will b free.its free 4 me.theyre real lawyers and they will give u legal advice 2.its confidential.they file all your paper work w the courts and they have him served as well.my baby daddy moved 2 Texas so its kinda hard.at the same time they can request ch supp 4 u 2.if he denies the baby is his HE will have 2 pay 4 the paternity test and there about 400$.not cheap.when u do the ppr work specify on there what visitation u want him 2 have.....supervised by u,what days,holidays,times,summers,school year,etc......good luck.contact me if u need 2.
2006-06-07 04:24:35 · answer #1 · answered by georgemi74 4 · 0⤊ 2⤋
As long as you can prove you are a fit mother ie you don't drink or use drugs & have no mental health or financial problems you should be ok.
The courts will look at who is best for the baby that isn't just financial but also the care, time and social needs of the child.
If you are in the U.K you can get a solicitor on legal aid if you are not working I'm sorry I don't know about anywhere else.
Get as many letters as you can from neighbours, family, your doctor, health visitor etc saying what you are like as a mother, kind of like a reference, if it goes to court they will be very useful.
In general this is usually an empty threat just said so the mother will do what the father wants. A baby disrupts your working & social life, it's harder to date & nights sleep become a distant memory, he won't want that.
So relax & calm down, ask your neighbours, friends, health care professionals for the letters & see what his next move is
2006-06-07 01:36:03 · answer #2 · answered by madamspud169 5 · 0⤊ 0⤋
Has paternity been proven? Has he had a DNA test, or did he sign the acknowledgement of paternity? If not, you are the only legal parent the child has, and he can't do anything until he proves that he is the father by taking a DNA test.
Are you two married? If not, you have sole legal custody until he files for custody or visitation. If he takes the baby before that, he is kidnapping since he has no legal right to the child.
If you are or were married, and he is the legal father, he has just as much chance as you do of getting custody, although usually judges will leave newborns in the care of their mothers. Fathers will get visitation, however.
Once is is proven to be the father, unless you can prove him unfit in any way, you are going to have to realize that he is the child's father, and has as much right to the child as you do.
If you don't want him to be the father of your child, and to be involved in the child's life, you shouldn't have had sex with him. That's harsh, I know, but it's the truth.
The only other option would be for him to give up his paternal rights. That will only happen if you have another man who is willing to adopt the baby. Judges will only approve this, however, if you are married to this other man, and have been married to him for a certain amount of time. AND THE BIOLOGICAL FATHER MUST BE WILLING TO GIVE UP HIS RIGHTS!
2006-06-07 01:41:40 · answer #3 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Well i didn't want my son to get taken away so i took it to court and got sole custody of my child. I didn't have to pay anything cause i didn't have much money so you can ask the court for help on paying it and they will see what they can do. It is a long process but it is well worth it at the end. I am so happy that my child is just mine. One day when his dad is staightened and not so mean he will see him again and if my child ever asked to meet him i wouldn't stop him but it is nice to know that the father can't have any say so on your baby but you! And I didn't even have a lawyer just good witnesses that i would be better fit than him.
2006-06-07 03:04:10 · answer #4 · answered by I am desperate! 1 · 0⤊ 0⤋
Of course it will cost money. You need to go to court and get a lawyer or you can turn to legal aid.
If the father is found to be capable in raising the child and has the means to do it, the court just may award him sole custody or the very least joint custody. You also have the right to petition for child support. Either way, you need to talk to a lawyer.
2006-06-07 02:21:28 · answer #5 · answered by KathyS 7 · 0⤊ 0⤋
Hey chick sorry to hear that things are not looking good already. This is meant to be a happy time for the two of you. As much as I no about the legal system it is still on the mothers side unless there is a good reason like alcohol, drugs, violence etc. As for the legal side you may need a solicitor but if you don't have the cash there is always legal aid to help you out and also keep a diary of his threats, promises etc. It may help you out down the track!
2006-06-07 02:54:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
well u being the natural mother in this time of age it is very hard for the father to take a child from the mother unless the mother can't provide etc. for the child. as long as there is no abuse or any kind of mistreatment you shouldn't be worried. he would need to take the steps to get custody ..not you! good luck
2006-06-07 01:32:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sorry to see you in this position, but in Ohio, no one has legal coustody of the child until it has been established through the courts, that meens he has just as many rights as you. i urge you to establish paternity if you have to and file a motion with the courts stating you want sole coustody of the child and afterwords you can file for visitation and childsupport. if you can prove that you cant aford a lawyer the courts can help you with legal aid.good luck
2006-06-07 06:38:48 · answer #8 · answered by k2x10n7n1 2 · 0⤊ 0⤋
Yes it would cost you. Not unless you go to a public defender. And if there is no reason for your baby's father to take her away from you, then I don't think you will lose.But if there are reasons for him to do this too you then you need to find a good lawyer. Good Luck.
2006-06-07 01:31:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you need to have a place for yourself and job to show some type of income, no drug or drinks in that place. show them you are a good mother. and the go to family court and get half to full custody.
2006-06-07 01:33:19 · answer #10 · answered by IndyMM 5 · 0⤊ 0⤋