Custody fears

LA - posted on 01/07/2014 ( 5 moms have responded )

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Hi,
I am a single mom who was never married to the father. I left him when I was 2 1/2 months pregnant. I left because of anger issues, drug use, lack of responsibility and he was getting physical with me. He became very unstable after I left him making many threats to me and my family members. Sent naked pictures of me to my family an friends. I have it all recorded. All paper trials. Harassment for my entire pregnancy. We filed for harassment right before I had my son. I let him come visit when my son was 2 weeks old and then again the next weekend. At this point he hasn't paid a penny. During the second visit he didn't look at my son, change his diaper, or engage in him at all. Then he started screaming at me and my mom and I called the cops because he would not leave. I have paid for all the medical bills with the help of my parents. I worked two jobs my entire pregnancy. Went back to work after 8 weeks maternity leave. Since then, He moved 15 hours away with a girlfriend. Got a lawyer that she was paying for. I found out last week he had been arrested for domestic assault on the girl friend. She stayed with him. But then it happened agin over the holiday. They broke up and he has moved back home which is still 5 hours away. So he beat her up twice within 5 months. she said he is on excessive drugs and to stand my ground... which i was going to do no matter what. My son is now 9 months old. Not a penny from him. He is now taking me to court. What will happen in court?

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Jodi - posted on 01/07/2014

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Unfortunately, if the domestic assault was not against the child, then it probably won't count. You have to present him as a threat to your child, not a threat to you or your family. Some fathers are assholes to their exes, but can still be fathers to their children. Just expect that he is likely to get supervised visitation at minimum. Courts don't generally take away ALL parental rights and visitation, even if they have been violent toward their ex.

LA - posted on 01/07/2014

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Yes I have a lawyer. I live in Texas he lives in Arkansas. He has the domestic assault on his record which was in July. I have his violent threats to my family and I recorded...Voice recorded. All of his harassment is documented. I have Proof of drug use too. The trial will be in Texas because the child resides here. He has moved 4 times in the last 11 months. He has not held a steady job for more than 4 months.

Jodi - posted on 01/07/2014

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He is likely to get some form of visitation. Maybe not much, maybe only supervised, but you are going to have to present your evidence. It also can't be hearsay evidence, it will have to be documented evidence. Not all courts care whether he has paid or not.

But honestly, no-one can tell you what WILL happen in court. He may get nothing, he may get unsupervised visitation. it all comes down to evidence and the lawyers, and ultimately, can depend on where you live and where he filed. Do you have a lawyer?

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