he is thretening to get custody of my boy, how do i stop him....

Kristine - posted on 02/13/2010 ( 7 moms have responded )

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i was 10 weeks pregnant when we separated, he wanted me to abort...then he started thretening to take my child when he was born ..i left the state and moved closer to my sister... after my son was born i had mixed emotions about it all and decided to allow him to see my son..he has seen my boy 5-6 times in the three years since his birth... he is disrespectfull of routines and really pushy with him expecting him to be able to do things out of his abilities...he applied for mediation to take place expecting that he would get half or partial custody... i denied him overnight stays because he is so young and dosnt realy know him and i dont know that he is reliable but was fine about fortnightly visits... he dropped the mediation....and turned up 10 months later.. i allowed him to stay in my house because of the expense of travilling interstate... the first day was tense but not too bad i servived it... my son and i woke early and played out side... he woke at 1030 in a foul mood and started insulting me and my family things went way out of hand and i had to ask him to leave... he said to my son " look your mummy is the reason i cant see you its all her fault i have to go" i told him to leave... and he lunged at me and grabbed me by the throte he was so angry and looked like he wanted to kill me.. my son saw it all.. he kept yelling at me then when he let go i grabbed my boy and ran out of the house... he wasnt going to go so i had to call the police... he also called the police... because i was and told them that i was insain and made him do it... they told him to leave the house and he left..to make a long story short i filed a report agreed to go to court though they wernt able to make the arrest as he went back to his home state.. he told the police officer that i was insain he wants to charge me with abusive language and file for custody of my boy.... how can i stop him...???? does any one have any advise for me? or any one who has been in the same situation any help is better than the none i have now....ps. having a dad is so important to my son all his friends and family have a dad it was a big deal for him. he seemed to relish being with him i feel like he is going to hate me when he is older..

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April - posted on 02/14/2010

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im having a similar problem. so i went to legal aid and got an order against bubs father, so in ur order u just write that u have full custardy and he has visiting rights only, and from the day u wright it out with ur cilisitor it stands. and the only way he can over rule it is if he has a good reason to say that your a bad mother which i doubt, but yeah if you get in first with an order then you should be right. talk to a cilisitor anyway they might tell you another way but that what they told me and it worked for me. anyway good luck and best wishes. xxx

Kristine - posted on 02/14/2010

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the thing is i wasnt the one using foul language or being abusive i was just standing my ground...but i know what your saying..is it wise to get full costody because ive been told that it can be jepardised if he fights for it he will get some costody..

Lauren - posted on 02/13/2010

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I can answer this one for you! :)

Let him threaten all he wants to. Let him take you to court if he wants to.

No judge on the face of this planet would take a child away from his/her mother unless they were proven to be unfit. Using foul language does not make you an unfit mother. Sounds like he is a controlling person and this is his way of "trying to make you think" he is in control. He's not.

Just do your best to take care of your child and provide for your child. Its hard not to get upset, but don't let some butthole get the best of you. Let him threaten all he wants and when he tells you he is going to take custody away...just smile and tell him to do whatever he thinks he needs to do.

Be the best mother you can be. Forget this jerk and focus on your sweet angel! :)

Kristine - posted on 02/13/2010

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thank you for your comments i will be going to see a lawyer first thing monday morning ..

Lindsay - posted on 02/13/2010

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Bottom line is that you need to protect yourself and your son. Your babies father gave up his legal obligation when he suggested that you abort the baby. So he cant come back and threat to attain custody. If this is taken to court, the judge will look at it from the stand point, of what is best for the child and which environment will foster this childs upbringing. You should suggest that your ex gets a psychiatric evaluation. And in terms of yourself, it is a tough situation that you are in but dont let him push you around, but in the same token don't do anything that can be held against you and keep your nose clean. Seek some legal advice, from a couple different lawyers, and make an informed decision! Also, if he is violent and abusive and you are scared about the safety of your child and yourself. You need to file a restraining order against him.

And in terms of a father figure, if your sons father is acting this way, then I would rather him go fatherless... He doesn't need to end up unstable like him.

Josie - posted on 02/13/2010

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First of all your son is not going to hate you. I dated a guy, got pregnant, told him, he didn't seem interested. He gave me some money and saw my daughter in the hospital once. I gave him every opportunity to see his child, never put any pressure on him, the door was always opened. He chose not to be interested but my daughter knows I gave him the opportunity and he didn't take it, not my fault. She has seen how I have worked to give her a good education and upbring, she doesn't hate me. She is 23 now and great! Your ex has issues. First you should see if you could get a restraining order, consult with an attorney, most consults are free, you can apply for sole custody and a judge can assign you an attorney for free depending on your financial situation. You need to start documenting conversations when he's abusive, if you are living with family put him on speaker phone so you could have witnesses to his abusive conversations, better yet record the conversations if you can. He can file for custody, doesn't mean he is going to get it. My best advise is when dealing with him, try to keep your cool and don't curse at him, so he can't use that against you if you go to court. My husband wasn't abusive and he was there was no concern with safety with him and the kids and I still got custody of my children. He was just a disinterested father. Hope this helps. If you have any questions email me here or better yet at vennus136@hotmail.com-put custody in the subject so I'll know because I get alot of junk mail. GOOD LUCK! PS children need loving people in their lives, a father-figure etc., remember being a dad takes more than releasing some sperm.

Sally - posted on 02/13/2010

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Have you resort to legal advice? That is the only safe way to take things running smoothly. Just go a see a Solicitor and be done with it. Set your goals as to what you want in your terms. Don't be carried away by his dis respectfulness. At the beginning he will be intimidating then it will wear out believe you me I went through what you have been through and now he is just another man giving a lot of alibis like he can't pick his child up for some stupid reason. So just calm down and again I will tell you to see a solicitor that you are comfortable with. That is all I can tell you.