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2007-05-27 17:39:44 · 9 answers · asked by ? 2 in Politics & Government Law & Ethics

Not married...
Son is nine ...
I was awarded temporary custody when I filed an ex parte order but that expired so I'm not sure if it reversed the custody after the restraining order expired.

2007-05-27 18:24:53 · update #1

9 answers

You MUST write up a will as soon as possible with your explicit wishes for your son. Go through a lawyer to do this so it will be legit. It's worth it.

2007-05-27 17:47:19 · answer #1 · answered by ecstaticdevine 4 · 2 1

Possibly. Do you have joint custody? If so, try to get that changed. Whether you can or can't follow the suggestion of the first answerer and get a Will written giving custody to someone else. In my state, the father would then be in for a tough fight for custody. If you say nothing, he's the only logical choice to a Judge who doesn't know what happened to you--and you won't be around to tell anyone.

2007-05-27 17:50:39 · answer #2 · answered by David M 7 · 2 1

If the child is the father's biological son, Yes. The issues you two had were yours , not his.
This is the simple answer.
Some judges will look at the issues and determine if it's in the best interest of the child to beplace in his custody.

2007-05-28 00:42:07 · answer #3 · answered by reinformer 6 · 1 0

The father will get the custody of the child when you die by operation of the law because he is the next direct relative under the applicable provisions of the law.

2007-05-27 22:00:38 · answer #4 · answered by FRAGINAL, JTM 7 · 0 0

Well that depends on how old your child is and you can get full custody of him so that way one of your own family members will get him. Oh if he as the back ground of fighting all the time then you can get something done about that because a lawer can look at that and say that the father is unfit to raise the child due to fights as soon on his record. Go and get a lawer to ask and you can get it to where he will not get him at all.

2007-05-27 17:56:28 · answer #5 · answered by coldjack 1 · 0 0

If you're still married or if he has partial custody or is pretty much involved at all then yes, but it may be easy for a relative of yours to fight it if there's a documented history of abuse. Especially if he hit the kid(s) or hit you in front of them.

2007-05-27 17:52:02 · answer #6 · answered by billtaylor3rd 1 · 0 1

Possibly. However, if you have a will written up, indicating who you want to raise your son, and the reasons why (mention the domestic violence) that should help prevent. that. Please consult with an attorney to make sure-in your area. Take care.

2007-05-27 17:49:49 · answer #7 · answered by SAK 6 · 0 0

you need to contact an attorney RIGHT NOW and make out a will (including a living will) and appoint a guardian for your child! This way, he will have a huge uphill battle for the boy

2007-05-27 17:47:55 · answer #8 · answered by Empress Jan 5 · 2 1

if you are married to the guy, he not only can, he will.

2007-05-27 20:57:12 · answer #9 · answered by ati-atihan 6 · 0 0

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