I live in texas and I have a 9 month old son with my Exbf. He did not sign the acknowledgement of paternity papers at the hospital so there for I am the legal guardian. We were going to make arrangements for him to keep him this past weekend but he could not stop and talk civil to me. All he was doing was calling me name and hanging up.No arrangements were set in stone. He ended up calling the police on me and telling them I was keping his son from him. The police and him came over to my house and I was scared out of my mind. I am the legal guardian and I wanted him off my property so the police had him leave and explained with out a court order I dont have to give him the child. (its not that I didnt want him to see him, his tone and the names he called me scared me) I have started the process for child support but have decided to retain a lawyer given the circumstances. I dont have my appointment till 1/30 though. I am so scared of what he will do in the mean time. Any advice???
2007-01-22 04:19:52 · 9 answers · asked by Kelly K 2 in Pregnancy & Parenting ➔ Parenting
i would stop all contact until you talk to you lawyer, then he can advise you what to do.
2007-01-22 04:25:23 · answer #1 · answered by whosaidthat? 5 · 0⤊ 0⤋
You said your baby's father didn't sign the paternity papers--making you your child's sole guardian & parent. Is he listed on the birth certificate as the father? If he is, does he have a copy of it? Without a court order, he can't take your child--even for visits unless you let him. If he does it anyway, he could be charged with kidnapping--or at least custodial interference. If you feel threatened by him--get a restraining order as soon as possible. Do not call him or have any contact with him until after you speak to your lawyer. After that, only contact him through your lawyer, the court or the department of Social Services. If he comes over again, call the police yourself. If he comes with the officers, remain calm and explain the situation to them--show them the restraining order (if you have one), court orders or any other paperwork you have and everything will be fine.
Good luck!
On another note--aren't you glad you left this guy? If it's this bad now, just think what it would be like if you were still with him! There will be people who tell you that you aren't being a good parent because you aren't with your baby's father--they need to grow up! Having a child isn't a reason to stay in a bad relationship--it's dangerous not only for the two of you, it's also dangerous for the child.
2007-01-22 04:36:12 · answer #2 · answered by tkltafoya 4 · 0⤊ 0⤋
Since he wouldn't even sign paternity papers he has no legal rights to the child until paternity is established in court.
Document everything he says or does that scares you, if he's being truly threatening, you may not want him to see your son anyway and you may be able to use this documentation against him.
Don't worry about the cops right now, you have the law on your side. And don't be afraid to call them yourself if he's harrassing you. That will also add weight to any argument you may make that he is a threat. He owes you child support, even if it's decided he can't see the baby. You have the right to not be scared for your own, or your baby's safety.
In the meantime, you have a lawyer, which is absolutly the right move, just hang in there.
2007-01-22 04:32:37 · answer #3 · answered by tabithap 4 · 0⤊ 0⤋
My lawyer said that even though we haven't finished all the paperwork if he was to take the kid then we could file habias corbus on him. Not sure if it is spelled correctly. He can't technically come and get the kid without your permission since you two were never married and he doesn't have any legal documents. The term is that hs isn't the legal father. I live in Texas also so I know exactly what you are going through right now. I have an 8 month old I am going through this with. I wish you the best of luck. I would like to talk to you more about this, and maybe I could help you.
2007-01-22 06:27:24 · answer #4 · answered by jessica c 2 · 0⤊ 0⤋
If talking civil to you is a requirement for visitation then I am afraid that you will be spending a lot of time on the phone and in lawyers offices. This is a mess. You are starting the process for child support. This means he will have 17 years of child support for a child he is not allowed to be with. You are well within your legal rites and I am all for supporting your child. There is going to be some fall out from your actions. There is another law in place. That is the law of common sense right and wrong. In other words we do everything it takes to be right where we are. If things are going to change we are going to have to do things differently. So what should you do? Rejoice! You got everything you worked for and more.
2007-01-22 04:38:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
File a restraining order or no contact order against him, so that he can not call or contact you until then. The police should have record of the call they had to your home over the weekend this should be enough to get them to get a restraining order going.
Also, keep a log of all the phone calls from him. And if you are too scared still, find a domestic assault shelter in your area and go there with your child. They can get the paperwork done faster for the restraining order and your ex won't be able to find you or get to you.
2007-01-22 04:37:09 · answer #6 · answered by iamjuls 4 · 0⤊ 0⤋
Do not let your ex take your son until you see a lawyer. Tell your ex not to contact you until after your appt. Let the police be aware of the situation. If he harasses you call the police right away. It does not sound like he can be trusted right now. Keep your head up & good luck to you!
2007-01-22 04:30:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes, do not interact with your exbf until the lawyer tells you how to go about it. A week is not a long time to wait. If, however, he begins to harass you & you are afraid for your life, call the police.
2007-01-22 04:29:10 · answer #8 · answered by SunnyOne 2 · 1⤊ 0⤋
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2016-11-26 19:05:36 · answer #9 · answered by Anonymous · 0⤊ 0⤋