What is the mother's right to her baby and custody?

Question

I recently just broke up with my boyfriend of 2 years. I am 4 months pregnant and he said that he is gonna fight for custody. People have told me that there is no way a court will give the baby to the dad unless something major happens.. or if drugs are involved. I was wondering what are the mothers rights to her baby? Do I have to give him joint custody? He will try to get that so he doesn't have to pay child support. I plan on talking to a lawyer pretty soon, so I can get a better idea of what I need to do.
Thanks for any help and support.

ALSO.. He has a pretty good job.. but he works for his friend. So his friend pays him out of his pocket, without holding out taxes. How will that effect child support? He does pay in a tax at the end of the year.

What about if I give the baby his last name.. does that affect anything?

The reason why I don't want him around, is because he broke up with me so he could party with his friends. Me and this baby stopped him from doing stuff. He left me when I am 4 months pregnant to run around. He hasn't grew up at all. I would rather my child not have a father verse a bad parent.. that wanted me to have an abortion.

Answer 1

I have several nieces and nephews who have been in similar situations with having babies with people they are not married to. With my nephews, their girlfriends were considered custodial parent until paternity was established. This can be done by the mother saying who the father is or in the case of 1 of my nephew's babies, paternity was questioned by the baby's mother (something her lawyer told her to do) so he had to have a paternity test done to prove it was his baby. With my niece, the father of her baby knows about the baby, but she was conceived as the result of a brief relationship, so he hasn't pursued any custody, but pays child support as ordered by the court. My niece originally wanted to not tell the father about the baby, but the legal system forced her to do so as she has a physical disability due to an accident so she doesn't work and has no insurance. The state would not pay anything for the baby without knowing who the father was so they could recoup some of their expenses. It does not matter if your baby is given your last name or your ex's last name. A lawyer would be a good idea to have some guidance as to what the laws are in your state. With the cases that I know, custody was not taken from the mother without a serious problem such as being jailed (for a DUI). Even then, when the mom got out, she went back to the normal visitation schedule set up by the courts. It is normal in these situations for emotions to run high and threats are made with no basis. Remain calm as much as possible during your pregnancy and check with a lawyer concerning every thing for validity.

Answer 2

It always seems so interesting to me that when certain men are told that they are going to be a father at first they say to have an abortion and then within months they plan to fight for full custody.

The bottom line is the the court will side with the mother for primary custody unless there is a drug problem, unsafe living condition or abuse (from the mother or anyone she lives with).
He will have to prove that he is the father and he will have to pay for the DNA testing if he plans on getting visitation. If it is proved that he is the father then no matter what he is responsible for paying child support. He isn't special & he will soon learn that what he wants to do and what the law requires him to do are 2 different things.

You need to speak to a lawyer. There are specific laws in place to protect children when their parents start fighting. The only person who will decide how things will go is the judge if it reaches the court system.

For now try and focus on your health and the health of your baby. Good luck!

Answer 3

It doesn't matter of he makes more money than you or has a bigger house, a judge will not take a mother's child away unless they have a good reason. You have to be a drunk or be on drugs for that to happen. In the State of Georgia, a father has absolutely no rights to a child even if his name is on the birth certificate unless the mother gives it to them. Even if he gets joint custody, it will only be every other weekend, probably will not even start till the child is older because babies need their mommies for a while. He can request visitation rights, which those will probably be supervised or only a few hours maybe one time a week.

I honestly without a doubt do not think you have anything to worry about from him.

What would probably be best to ease your mind, because you honestly don't want to worry or stress yourself into a miscarraige - try calling the probabte judge or a lawyer in the county you live in. They will tell you exactly what your state allows and how to go about getting started in the proceedings if you need to go to court so that way you can at least be prepared and have a true idea.

Answer 4

You have full rights to the baby. Usually, a court will give them custody only if the mother is deemed unfit. The ways unfit can be applied are if you are mentally unstable, or have been in the hospital for mental problems, drug abuse, abuse of other children where the children have been removed from the home, or physical disabilities that can limit the care you can give a child.

He can petition for custody, but unless they do a DNA test to prove he is the father, you can leave that blank on the birth certificate. You don't have to put a father there at all.

Usually a court will give visitation before they give joint custody. They would want to see how he handles the baby, who competent he is at dealing with the baby, taking care of it, that sort of thing.

Child support usually goes off of how much he gets paid. If he is fighting for custody, he will end up paying child support to you.

I would talk to a lawyer and see what the rights are in your state for this situation. Then go from there. Good luck!!!!

Answer 5

A lawyer would be advisable. I've seen a case where joint custody was awarded and both parents had the same level of income, so no child support was awarded. I saw another case where there was joint custody, but the father made twice as much income as the mother, and he paid child support. Willingly I might add, as he didn't want his daughter living in poverty half the time. Good luck. I'm sure everything will work out OK sooner or later, but a lawyer is a must.

Answer 6

I don't know about other states, but in NYS, you have to be a really bad person to have your baby taken away from you!
First: WHO says he is the father??? If you have a decent lawyer, it might take hime six months to prove paternity, and that is, IF he can find you! If he doesn't know where you are living, or which hospital/doctor you are using, he will have a hard time knowing the birth date, details of the birth. Then, he has to petition family court to get visitation, etc.
Second: If you use breast feeding as your sole means of providing nourishment to your baby, most courts won't let him take the baby for more than an HOUR or TWO until the baby is a YEAR old!!! (After a year, the court assumes that it is reasonable for you to start weaning, but before then, he can't take the baby away from you for any longer than the feeding schedule allows....like a couple of hours at most!).

He's just trying to torture you, but courts highly favor breastfeeding mothers, and he is going to have a REALLY hard time trying to establish with the court that a breastfeeding mother is unfit....it takes time and sacrfice to breastfeed your baby, and most selfish women would not even CONSIDER it!
The courts still favor mothers, unless there are some obviouse reasons why they shouldn't, such as drug use, abuse, etc. Money is NOT a consideration!!!
Good luck!!!

Answer 7

It is no longer a wash that the mother gets custody, you can thank women's lib for that. If you have a drug or criminal history there are 15 states that take fitness into consideration. Also if he is better able to provide he would have to prove it but it isn't out of the question that he would be given custody. Talking to the lawyer is a good first step. Either way it goes think of the child first and always and don't let petty arguments get in the way of making his or her life as normal as possible.

Answer 8

um, even if it is joint custody, if he doesn't live with you and help support the baby, he has to pay. So fighting won't help him get out of child support. And the first answer is correct, the only way a baby will get mostly taken care of by the father, legally, is if you are proven an unfit mother. Be a good momma

Answer 9

See a lawyer soon, each state has different laws. He is the father, so joint custody is pretty standard. If he reports no income, the court will base child support on minimum wage, but the IRS would like to know about him and his friend employer. The law, in general, is on your side so stay moral, legal and ethical. Again, see a lawyer in your state.

Answer 10

You tell him if he does not choose statutory rape expenses taken out on him with the help of you and your father and mom he had extra functional back off. the mummy is maximum probable offered the baby as she carried it around for 9 months and is in many situations bonded in some kind. If he already has a clean lady buddy and isn't any longer being supportive of the being pregnant then i comprehend of no courtroom that ought to grant him finished custody of the baby. He could be in titled to visitation rights, yet this is on condition that he pays baby help. i do no longer think of which you have very lots the choose arises difficulty approximately. stable success with your new infant and your existence. I additionally comprehend from journey that there is somebody obtainable in basic terms for you and your infant and while the time is sweet he will come alongside. wait and spot and interior the mean time attempt to no longer get pregnant returned.