Can i get file full custody of my son before he is born?

Question

I am 21yrs old, i live with my sister, work full time job, and is 30 weeks pregnant. me and my baby father do not get along. he hates me for no reason at verbally threathens to kill me i am so scared i dont want him to have any custody of our son. i going to file a restrianing order as the first step to my situation. i just want to if i can file full custody of my son before he is born?

Answer 1

That's not true. You can file before the child is born. If you can show that he will be a unfit father. You need to have that restrianing order in your hand when you go to court and the judge will look at it. I wish you the best look. If you do get full cusody of your child you can still get child support.

Answer 2

Sweetheart you need to talk to someone in your juvenile court system right away. Let them know your situation and they should be able to help you or find someone who can. If he's threatening you while your pregnant then technicaly he's threatening your child too. Any man who is crazy enough to threat the mother of his child WHILE she's pregnant doesn't really care about his child. If you have any witnesses to his verbal threats, any voicemails he's left make sure you keep them. You may need them. Does he even have any interest in taking care of his son?

When me and my bf got in an arguement over our son thinga happened. Thank God it's now in the past, but I ended up getting a TPO (temporary order of protection) on him. this meant that when ever my kids were with me he couldn't touch them because he was to have ABSOLUTELY no contact with me in any way. If your getting a restraingin order make sure you sister or whoever you will leave the baby with when you go back to work, if it's not a daycare, has one against him too. This may help at least as something temporary until you can work out the custody thing. I do want you to be careful to because where Iive if you don't have a custody arrangement through the court and your child's father takes off with them there's nothing they can do. It's totally not true, at least where I live, that when the baby is born you automatically have full custody. Check with your state, but I would still file for custody if I were you no matter what they say.

Please make sure you tell the hospital of this situation when you get ready to have your baby so that they can help protect you and your baby, and also the other families that may be there. Good luck sweetheart!

Answer 3

There is no such thing as "full custody" in most states. Usually one parent will have physical custody and they will share legal custody. The only way to have full custody is if he signs off parental rights to the child. But back up for a minute..first, paternity will need to be established. Unless you list him as the father on the birth certificate, he will need to be the one to do this or no court will listen to him -unless of course you want child support from him - then it will be up to you to establish paternity. If he is physically abusive or threatening, yes, get a restraining order filed. Unless he contests custody, you don't have anything to worry about.

Answer 4

When the child is born YOU will have full custody. The only way he can get any visitation or custody is to petition the court and then the judge will hear both sides. Every time he threatens you or the life of your baby or even to take the baby away from you--call the police!! Have them file a report and keep copies of them. Then if he does try to get custody of the baby or visitation you will have the police reports to show the judge and he will likely get no visitation or custody.

Answer 5

If you are not married (and I am guessing your not) do not put his name on the birth certificate. If you leave his name off - you will automatically have sole custody. Then he has to require a DNA test to prove parenthood. In the mean time, file a restraining order & keep track of all threats. If he does take you to court for any type of parental rights, you will have documentation of his threats & it will show that he is unstable & unfit to be a parent. Also, if you can - get an attorney that specializes in custody. Good luck & God Bless.

Answer 6

Depending on the state, you can just leave his name off the birth certificate and until he spends the money and time to go to court to try and get custody, you should be okay. And even if he does take you to court, he will more than likely lose if there are restraining orders, etc. Just document everything - all the threats and all the times he has called. Just in case. And if you can record the conversations. I am sorry you are going through this - good luck.

Answer 7

You need to consult a social worker/legal aid representative where you live. Custody laws vary from one place to another, so it will entirely depend upon where you are living and the laws and regulations there.

I would, however, go ahead with the filing of the restraining order. It will help to get custody if you have a record of violent tendencies for your baby's father.

good luck!

Answer 8

possesions 9 tenths isn't it? now you have to keep your eye on that one tenth. document document document.

the restraining order is a good start. KEEP DOCUMENTING. call the cops everytime he makes a threat. try to jhave as many witnesses as posiible. keep a log. with specifics and dates. when somthing happens write down th details, date it and mail it to yourself. that way it has a postage date by the post office and no one can dispute the date you wrote it. when you take it to court. don't open it. make copies for your self so you know whats in each dated envelope. save them so they are only opened in court if it ever comes to that.

carry around a little recorder. when he comes around, turn it on. record and dave your conversatins. do all you can do.


i'd guess that as long as you're not married you stand the best chance of sole custody. seek a lawyers advice ASAP. when it comes to protecting your child dont take our advice..... get real legal advice. take no chances.

Answer 9

I work in social services and have never heard about anyone doing that, but hey you never know. You should check with a lawyer to see if it can be done and what steps you need to take. Also you should get some proof of what he is doing because if and when it gets to court it will be your work against his.

Good Luck

Answer 10

I don't know the answer to your question, but I can tell you that you might find better ones in the law section of these boards. I hear some of the people on the law boards are actual lawyers. Good luck.