I gave my husband (who I am seperated from) primary custody of my 2-year old son because at the time I did not have the money to hire a lawyer and my husband had me cornered. I have 50/50 visitation, meaning I have him every other day/night. I am seven months pregnant and I want to ensure that when the baby is born that I will continue to see my 2-year old as much as I do now. Do I need to have a court order to do this or can I get my husband to sign a document saying that the situation will continue as it is now when the new child is born? I have certainly made my share of mistakes but want to make sure that both of my children lead a fullfilling life, and losing time with my son is a heartbreaking thought.
2007-07-30 11:47:07 · 8 answers · asked by maylandchastity 2 in Family & Relationships ➔ Marriage & Divorce
You do not say if the custody agreement that you have now has been filed with the court (which you/he would have to petition the court to change) if this is an agreement between you and him, the two of you can mutually change it. If no agreement can be made then it can be taken to court. Which the court will more than likely abide by what is already in place.
Either way the custody is only for the 2 year old.
Now your husband may move to get custody of the unborn child. But that is unlikely that he will get an order of primary custody of a newborn, unless you have some serious issues at the time of birth.
Why would he change your schedule once your child arrives??
In any case exercise your visitation rights and I wish the four of you well.
2007-07-30 14:20:22 · answer #1 · answered by jy9900 4 · 0⤊ 0⤋
i'm no lawyer but i can say if it's not in writing......it doesn't exist from a legal standpoint. Was the 50/50 arrangement court ordered w your 2 yr old? do you currently have any other written documentation ...will it stand up in court? IF you have no court ordered documentation or documentation that will hold up in court as to who has custody on which days etc.......... get it yesterday!!!! seek legal assistance. there are free legal assistance programs but they are booked to the gills. so the sooner you act the better.often cases that involve children and custody are moved up the list but it is a very long list. verbal agreements mean much of nothing in court. if you already have the proper documents but are afraid for some reason your ex will want to have it changed.......you need legal assistance .. you may can make a free consultation appt w an attorney to see whats what or the least expensive route to obtainneed legal documents, so you will be better prepared to know what to expect and the cost if it comes down to it. the not knowing can really get to you ...atleast if you know yuo know what your up against. one of the 1st questions i would ask an attorney if i had no legal documentation for the 50/50 visitation ya'll are practicing.....if your ex decided to keep your son and not let you have him, could he legally do that. i belive in my state either parent can do that unless/untill the other one takes them to court or there are legal documents...it's kinda like who ever has him, keeps him and the other one has to wait for their court day in court....if your short on $$ i would not recommend it...and it prob would not be something any parent would want their child in the middle of ...but it happens
2007-07-30 19:28:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You dont say if any of this is in writing as in a written document stating such and whether it was just temporary custody. Also you dont state whether your current pregnancy is his or someone elses . Not that matters much btu will when you two do get to divorce court. The Judge may view the pregnancy from someone else as irresponsible especially after giving temp custody of your first to dad because of circumstances and then you get pregnant again. You should have thought of the consequences of all this and that you could lose visitation because of it. You willprobably have alot of explaining to do to the Judge here and the outcome is unknown at this time. Good luck
2007-07-30 19:05:46 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
if you have 50/50 by a court order, then that is what you have and will continue to have once the new child is born. if it is only an arrangement between the two of you, then you need to either work it out with him or get it formalized with the courts
2007-07-30 18:59:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You will have to get something in order to also keep custody of the new baby. So as soon as you can, go and file the papers. If you have to, go get help from your local legal aid. It is a free service, and they can lead you in the right direction.
2007-07-30 18:52:06 · answer #5 · answered by Cat 2 · 0⤊ 0⤋
Someone suggested you need to make sure you have papers to make sure you keep custody of the unborn. The way I read this, that child is not your ex-husband's so you do not have to worry, he can't take this child away from you if it is not his. Unless you are a totally worthless parent (and I don't think you are) no one can take this baby away from you. Don't want you to panic over nothing.
2007-07-30 19:21:20 · answer #6 · answered by msims52 3 · 0⤊ 0⤋
The court authorized agreement is in effect. Read it carefully.
2007-07-30 18:51:54 · answer #7 · answered by bullwinkle 5 · 0⤊ 0⤋
yes, get it in writing,, check out your local legal aid for free or very cheap legal help.
2007-07-30 18:50:04 · answer #8 · answered by Michael H 3 · 1⤊ 0⤋