About 10 Months ago i finally got the courage to leave my husband of 5 years. The marrage has been over for the last 2 years. We have 2 beautiful girls together. Well for the last 10 months I have been with my boyfriend, he has been my rock and my night and shinning armor thew this whole emoshional roller coaster with my husband. Well just 2 weeks ago I found out that my boyfriend and I are going to have a baby. My boyfriend is so excieted and i'm really nerves. Well my boyfriend wants me to move in with him not work just stay home with the kids. This is what i have always wanted to be a stay at home mom to raise my kids. Well my husband has told me that he wants to take the kids and run. Well my questions is do you think my husband can take my kids from me due to we are not leagly seperated or divorced and pregnet with my boyfriend baby?
2007-03-10 17:52:44 · 17 answers · asked by Jami 1 in Family & Relationships ➔ Marriage & Divorce
“do you think my husband can take my kids from me due to we are not leagly seperated or divorced and pregnet with my boyfriend baby?”
Can he get custody merely because you’re pregnant with another man’s child? No.
Is it going to end up being a battle because you’ve moved his children in with this man? It very well could. It depends on how much he wants to push it, if he can dig up any dirt on the man, etc.
I do think you need to reconsider quitting your job, because when you go to court your income will be ZERO. You can’t support your children with zero income. Yes, boyfriend will be providing for you, but still YOUR income will be zero. Boyfriend is not obligated to support your kids and at any time he could ‘remove’ his support (I know, you’re sure he won’t do that, but he can).
I’d highly suggest that you talk to a local attorney before you do anything.
By the way, if your husband is threatening to take the kids and run, then you need to get a temporary custody order, because if you don’t have that he can waltz right into the school/babysitter/etc and pick them up (without a temporary custody order, he has just as much right as you do to pick up those children).
2007-03-10 18:15:36 · answer #1 · answered by kp 7 · 1⤊ 0⤋
When you say "my kids", remember these children also belong to your husband. He does have the right to see his daughters. What you need to do is get a legal divorce from your husband and he can certainly, divorce you for committing adultery with the other man. Now, since you seem to be in love with your boyfriend and pregnant with his child, you need to get some kind of legal committment from him so you and your baby to be will have legal rights in this 10 month long relationship. You have complicated your life by doing things unofficially because you cannot marry your boyfriend until you divorce your husband. Then, your husband might get child custody because the girls are legally and biologically his daughters and you are the spouse who committed the act of adultery. I wish you well but this was not the best plan of action.
2007-03-10 18:19:14 · answer #2 · answered by Jess4rsake 7 · 0⤊ 0⤋
first let me say this- there are some people here calling you names- if you have read the posts then ignore it- pots calling the kettle black. Now that's said you probably should consult with an attorney and get some real facts on how the issue should be handled. You being with child and still married your not the first and certainly not going to be the last. Get the best advise from a a qualified attorney, and good luck. Ignore the but holes who want to call you names.
2007-03-10 19:01:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Of course he can't take the kids away from you. You need to go to the court and file for divorce. You are legally separated at the day you file for divorce. That means, if he takes the kids and runs, it will be a kidnapping. Then you need to decide with soon to be ex-husband on the custody of the kids, on the child support, and on the division of property. If you won't come to an agreement, then the court will decide for you. Normally, the physical custody of kids is being awarded to a mother, unless you or your boyfriend are convicted drug addicts. If you get the physical custody of the kids, you will receive child support for them and their dad will have visitation. You will not be entitled to spousal support if you move in with your boyfriend. You will be entitled to half of the things that you obtained (including bank accounts and retirement balances) together with your ex-to-be-husband during your marriage. The lawyer will get bigger child support payments for you.
Before you move your kids to your boyfriend, make sure he will be able to take a good care of them.
It will be not wise of you to quit your job and stop working because it will make you and YOUR two kids to be dependent on your boyfriend, and it is never a good idea, no matter how considered and supportive he is to you.
2007-03-10 18:17:14 · answer #4 · answered by OC 7 · 0⤊ 1⤋
Yes he can, and if he prove your having an illigitment child he can say that it's an unhealthy atmosphere for his kids and he would win even in the state of Ca.!
Man you are so screwed and not in a good way!
Not only can he now prove this child does not belong to him, he can say your an unfit parent because you persuide a relationship that is harmful to children.
My wife and I had to use that one on her mother, when she started to make demands on us who we were raising her child!
She lost all right and was terminated so we could adopt!
I'm not sure but I think you need a lawyer right now or dispose of unborn child( I don't believe in abortion) and get divorce before you lose everything!
This is an ugly thing your in and you don't even see it!
Sorry for being blunt!
2007-03-10 18:06:25 · answer #5 · answered by Free-Lance 5 · 1⤊ 0⤋
get a good attorney, he may fight u for custody, better if u file for divorce. depends on the state laws where u live, but he certainly can cause u some problems over this in the courts.doesn't mean he can get the kids, just means u will have to get an attorney and spend money.
2007-03-11 01:59:24 · answer #6 · answered by jude 7 · 0⤊ 0⤋
I think i would be hiding the fact that i was knocked up and hurry the divorce along if you want to keep your children because it really does not look good on your behalf the situation you are in. I do not know what state you are in but i know most judges will frown on this in any state
2007-03-10 19:12:13 · answer #7 · answered by Amy M 5 · 0⤊ 0⤋
No you can give the baby what ever last name you want. If you want to give the baby the fathers name you can, however if you want the baby to have your last name and you're married with your husbands last name well then by default the baby has your husbands last name. However if you are planning to divorce and don't want the baby to have either of their names you can give the baby your maiden name and switch back to that after the divorce.
2016-03-28 23:52:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Now days, the courts look at whats best for the children, as far as placement. He can't just walk in and take them from you, that would be kidnapping, and you could get him for that. You really should consult with a lawyer and file for a divorce.Good Luck!
2007-03-10 18:06:36 · answer #9 · answered by soggybottomscout_25 4 · 0⤊ 1⤋
Get a good lawyer
you also need to show you have a stable home
Get some counseling you need the support check your local women's shelter it is free
be kind to yourself
and your children the born and the unborn :)
2007-03-10 18:08:32 · answer #10 · answered by Cheryl J 3 · 0⤊ 1⤋