My b/f and I have a two year old child together. Things are not going so well beween us after 6 years and I plan on leaving him next month and taking my son with me (as I have two other children who are not biologically his). My b/f threatened that if I put him out he was taking our son we share togethere. I felt like he might mean it so I came home from work early just to make sure (I was working a 16 hr shift). Qusetion , dad has been present since birth and signed the birth certificate and paternity papers. I allowed him to claim our son for the last tax yr, which he had problems doing (needed proof). Which one of us can legally have possesssion of our son if the police are called. My b/f has a long arrest hx for traffic violations, and felony, works PT making scraps and is not financially stable and I suspect he refuses to leave b/c of this. I have two other children, never been arrested, senior in college and working full time (basically of good character.
2007-01-02
11:52:39
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7 answers
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asked by
nene
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in
Family & Relationships
➔ Other - Family & Relationships
I live in Tennessee and I was in the same boat you're in. It doesn't matter if he signed the birth certificate or not, or weather he cliamed the child on his taxes, he had the right to claim the child because he supported it during that particular year. You have the custody!! He can take you to court, but it's pretty expesnsive. Sound like he couldn't affford it anyway. It's probably just a scare tactic. Good luck
2007-01-02 12:03:07
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answer #1
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answered by patti p 3
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It does not matter what he signed, who he signed it before, even if he took an oath before the Pope he still don't have custody, and neither do you. You both have a responsibility no matter if you are together, and no matter if you get visits or exercize visits.
However, to be awarded custody there are only two ways this will happen.
1.) One parent voluntarily signs primary custody over to the other parent. The secondary parent will have visitations defined in the request being signed. All the terms will be spelled out, if agreed then sign, don't sign anything you do not agree to and do not go by what you are told, go by what is in writing. if it is to be changed then sign after it is changed to your liking.
2.) you need to battle it out in court for custody, which means the whole bit from hiring an attorney to digging up dirt on the other parent.
Both cases the final decision is with a judge. His decision becomes a " Court Order" and is enforcable by law, up to this point neither parent has sole custody, or primary custody. So either parent can take the child with them when they leave, and should not allow visits in a situation where the other parent may keep the child if no custody order is in effect(I got burnt on this).
Remember, judges do not like to move kids around unless it is truly necessary. This means, if both parents are close to equal the judge would probably award custody to the parent already having the child(ren) in question.
If it goes to court and you need to build your case, focus on the relaitonship of Parent to child, and what was done or said in that realm. Other activities may not have as much impact as these. A woman can be a hooker and still win custody, and a father can be a drug dealer and still be awarded custody, the law don't discount any profession, even illegal activity.
2007-01-02 12:31:47
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answer #2
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answered by Anonymous
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Thru personal experiences....untill either one of you go and file papers in the court house for custody and it is deteremented by a judge both of you have rights..he could pick up the kid and go and you could do nothing about it....this happened to me...so the next day i went out to file for custody and till the judge brought us back a month later the judge awarded me temp custody most like cause i was the mother and he also had a record too...but more so i was the mom and they mostly give to the mom unless the other can prove the mom is unfit they will let the mom have the child in the end unless its true she is unfit
2007-01-02 12:15:54
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answer #3
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answered by shelby8687 2
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If you have never been arrested, are a senior in college and working full time, then what are doing with such a loser???? It doesn't sound like he is going to change. Sure he doesn't want to leave, he has a good thing going for him. You are working and supporting everyone. So, take a day off, without him knowing it, get your children and whatever you can carry and leave. Go to a shelter if you have to, but leave. Or you can get a protection order against him, tell them you are afraid of him and you want him to leave. They will serve him with papers and he will have to leave. But be ready for him to retaliate. The best answer is to just leave.
2007-01-02 14:37:48
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answer #4
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answered by Bren 3
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you are the mother, you have custody. the bf can go to court and get visitation because he is the dad, but that will take time, money and an effort he probably won't take time for because it doesn't sound like he's too financially solvent.
2007-01-02 12:58:53
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answer #5
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answered by angel1 5
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Reguardless if he claimed the child for taxes that is your child. You can call attorney's and find out more information if you wish but you cannot just let him take your child from you.
2007-01-02 11:58:28
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answer #6
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answered by niecytonio 2
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just,leave him,take the kid with you,you are the mother. but go see a lawyer first get it all in writing.
2007-01-02 12:00:37
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answer #7
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answered by julie 3
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