Can I get sole custody?

Question

My daughter is now almost 2 months old, and she was conceived from rape by my ex boyfriend. I never reported it, however I do have emails where he admits to doing so. He moved states away, but when I had my daughter he moved back. I have allowed him to see her, but he is getting very creepy. He calls several times a day, randomly shows up at my house, is outside my house and doesn't even tell me... and he tells people we are together even though we aren't. He is completely obsessed. When I was still pregnant he threatened to kill me and kidnap my child, I have a text message to prove that. He was also physically abusive in our relationship, and I have emails to prove that as well. He also has been seeing a counselor whom he has told all of those things to.
He is not on her birth certificate And I don't want him around her anymore... Is it possible to get full custody of her, and to get a restraining order?
Thanks for your help.
Nicole
Seattle, Washington

Answer 1

Yes it is. You'll need to first file for a PFA order, which can be done by going to the police with the emails and text messages you have. Once that is in effect, you can contact a lawyer and start full custody proceedings. However, with him not being listed on the birth certificate and if he's not listed anywhere as being her father, I think that will bide you the time you need to get the court papers filed. Good Luck.

Answer 2

Your first step is to get an emergency restraining order. You do not need a lawyer of your own to do this. Contact your local county attorney, or city attorney's office, and they can help you.

You currently DO have full custody of your baby. What you want to do is remove visitation rights from your ex-boyfriend. You should contact a lawyer about this immediately. It will require a court order. If you cannot afford a lawyer, your state or county attorney's office can recommend a service that can provide one to you free of charge.

Keep all evidence of abuse, threats, and dangerous behavior. Keep a written log of his dangerous behavior and do not contact him any more, even if he tries to initiate contact. Call the police immediately if he threatens you, especially after the restraining order is in place.

Good luck.

Answer 3

first call the police and show them all the evidence then maybe you can get a restraining order then call legal aid or get a lawyer and show them all the evidence and go for sole custody. do it asap if you are getting uptight about it. If you can have a friend stay with you for a few days after you call the police. If he is lurking outside your place just call the police and report a prowler they will at least come and check him out you don't have to tell them that you know who it is then when they ask you about him show them all the evidence you have.

Answer 4

dont do anything yet. build your case first, so that when he becomes aware of it, he wont have a leg to stand on. your evidence so far is convincing, but not yet compelling. certainly not enough to give you full custody. your proof is that which affects you, not your daughter. a restraining order will not only NOT protect you from a psycho (personal experience), but will aggrivate him and cause his behavior to shift modes into something very sinister. a good hunter doesnt attack at the first chance, but waits patiently until he has the best opportunity to slaughter his prey. the court will first ask you why you told a rapist that he even had a child. why you opened your child up to the obvious dangers of his opportunity to visit. i am personnally baffled by your communication with him at all. if he raped you, why do you not protect your child from him? not a question youd like to hear, but you will in court, and it will be used as proof that you did not get raped at all, that you are lying. personally, I would suggest that you get a responsible man to sign paternity to your child immediately. then I would tell the rapist that another man entered the picture and forced a paternity test which resulted in you finding out that it was another mans child, not his. then i would go to the police and have a restaining order put on him with no mention of your daughter, other than this crazy guy raped you and thinks this is his child...that hes absolutely crazy and mistaken, and you need freedom from him. I would research different state laws and move with my child to that state which benefits you the most. also, if you have copies of correspondence with him, he probably has copies of your words as well. think back about what you may have said in writing, and how you can defend yourself to that. be prepared. he may be someone who wont just take your word and go. he may take it to the point that he actually gets visitation with your daughter. dont just jump in this pool of crap, cause you wont be able to swim in it yet. and remember, he is only there because he percieves your actions as wanting him there. he feels that you will allow him to victimize you. stiffen up and get yourself some gusto. he might just see you arent going to take any crap from him and go. blackmaling him wouldnt hurt either, think of what you may have on him that could send him to jail....BESIDES the so-called rape. nobody is going to buy it.

Answer 5

Go to the police and give them the text messages and email what ever you have and then plan to move as soon as the restraining order is issued. He should be restrained from entering the state and make sure that is what the police and judge understand. Do not give new address phone # to any friends that you both knew together. God bless and good luck...

Answer 6

Go to the police, and then a lawyer. You are putting your self and child in danger. It is possible that he may end up with supervised visitations.

Answer 7

I don't know about sole custody, but what he is doing is called STALKING, and that is certainly illegal. That might get you sole custody.