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I have a 9mth old baby. The father has been living with me for the past 4 mths.Now has moved out. He wasnt their before through the whole pregnancy or even when she was born. He has had 6 DUIs in the past and does drugs. I want to know if he takes me to court what kind of rights will he get. I am so scared for my child to go stay with him.

2006-11-21 06:37:33 · 16 answers · asked by Lindsay M 1 in Family & Relationships Family

16 answers

Probably little to none at all. If he was to fight for them you just cna show that hes unstable , doesn't have a permanent place to stay, and doesn't make the right choices. Just stay on top of things on your end and you won't ahve anything to wory about because the courts will know that the baby is better off being with you.

2006-11-21 06:42:51 · answer #1 · answered by Anonymous · 0 0

Well at this point in time, you are the primary parent..so I don't believe you should worry too much. Here in California....(unspoken standard) the first to file usually gets a lot of consideration! Get your butt down to the family courts and file for sole custody of your sweet baby. Of course the courts are going to allow visitation for the father....but you can also let a judge or mediator know how concerned you are about dad driving drunk with you baby. If he has had 6 D.U.I.'s...chances are that he does not have a driver's license and not supposed to be driving in the first place. So you may have him on a technicality there. Do your baby a favor and get the ball rolling right away...this way you can have court ordered visitation and standards. If he can't follow the binding, he has broken the law.
Also, remember it is your duty to be the best mother to this child that you can be...you let him make the mistakes as a father...it's not your job to make sure he does the right thing as a father.I have been there and done that!!! Don't protect this man in order to spare your child's feelings...you let all the pain that is caused by the dad come from the dad...your child will figure it out later on in life!!

2006-11-21 07:16:17 · answer #2 · answered by yidlmama 5 · 0 0

He can get visitation rights, but if you bring up the drinking problem and the drugs, they will most likely make the visitation to be supervised so he is not left alone with the child. You have custody of the child and you do have some say do to his behavior. You can ask the courts for anything you want, but be prepared to back it up so they too know the child could be in danger if left alone with him.

2006-11-21 06:48:27 · answer #3 · answered by notfreeinnh 3 · 0 0

If you let your lawyer know that he is an unfit father. That he cares more about his drinking and drugs then he does his baby. That you are scared for your babies sake, they'll still let him see the baby but it will be under supervision. You or someone close to you or a cop will be able to sit with him while he is with the baby so they know that he isn't drinking and driving with the baby in the car and that he isn't using drugs around it. Good Luck. I wish you the best.

2006-11-21 06:44:46 · answer #4 · answered by Anonymous · 0 0

You alreay have natural custody as the mother. If the father does drugs and is irresponsible, regardless of how many threats he makes, it is not likely that he will take you to court in the first place. He may be trying to intimidate you, and threaten you in order to manipulate you and get what he wants out of you. But if I were you I wouldn't be worried. Just be a good mother, and you shouldn't have anything to worry about! Good luck!

2006-11-21 06:41:53 · answer #5 · answered by Anonymous · 0 0

right this is the element, at the same time as you notice that he's undeserving, the courts see it as this...in case you're actually not gonna enable him see the toddler, he has rights and that they're going to make it their job to make beneficial that he does. the only way you're gonna have the skill to maintain the toddler from him is to have documented evidence that he has an alcohol venture, i.e. a DUI or something to that result. EVEN then there are actually not any ensures. All he could ought to do is say that he's getting help for that. He has rights and in spite of in case you choose for him to or no longer he would be allowed to be certain the toddler, in spite of if he abandoned you for years. It would not take a lawyer even, all he has to do is ask for help from the courts. A paternity try later and he can characterize himself. the final element is to return to an contract between the two considered one of you and then take that to the courts as a prearranged contract and that they would be certain a toddler help association. maximum courts see the different weekend and one night a week extra healthy for fathers at a bare minimum. only attempt to keep in mind which you will hate him now, yet at one time you enjoyed him adequate to sleep with him. Pray that the stable issues in him is what he passes directly to the toddler. additionally keep in mind that childrens see each little thing and that they're going to come to attain why mom left and who the extra suitable parent is, i be attentive to I certainly have 2.

2016-11-25 23:07:36 · answer #6 · answered by brim 4 · 0 0

he may get supervised visits and slapped with child support.
but he sounds like a guy who has a lot of irresponsible behavior and will not follow through with any plans of being responsible. any way you should definitely file for full custody with the courts.

2006-11-21 07:05:20 · answer #7 · answered by nwnativeprincess 6 · 0 0

If he has a record of drunk driving and drug use, then you have very little to worry about. I doubt the court would even agree to unsupervised visitation rights.

So don't sweat it.

2006-11-21 06:40:52 · answer #8 · answered by Anonymous · 1 0

If he has had 6 DUI's he should be in jail. Inform the judge about him.

2006-11-21 06:40:37 · answer #9 · answered by WyoHunter 3 · 0 0

With that kind of record there is no way he could take custody from you, dont worry about it, he doesnt have the power to do anything.

2006-11-21 06:42:01 · answer #10 · answered by saraikyon 2 · 0 0

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