Help with custody battle

Rachelle - posted on 01/21/2016 ( 6 moms have responded )

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Hello my name is Rachelle I'm a single mommy. I have two little boys. My youngest dad is taking me for custody. He live 87 miles away he does ask about him and when he does if only on holidays. I tried to make this work but all he does is picks fights with me and harrasses me over text that he's going to take my son away and I'll never see him again. I'm a very good mom I'm not working right now tho because I had surgery on my shoulder and I'm still recovering. I made a mistake and got in trouble in the law for the first time so he thought he can take him but my son is two and his dad is hardly around. What can I do? I need some advice

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~♥Little Miss - posted on 01/22/2016

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Hi Rachelle. My best advice is the same as the others. Get a lawyer. Also, keep every one of his threatening texts. He does have rights to see your son, but it sounds like you need legal intervention. Good luck!

Dove - posted on 01/22/2016

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Yep. You need a legal court order for custody, visitation, and child support. My ex saw our youngest only once in a whole year and the main reason he didn't get joint custody when we went to court... was his location (he moved too far away for it to be practical).

Your son and your ex have a right to spend time together in spite of ANYTHING else.

I don't know what kind of legal trouble you got into, so hopefully it won't be something that could lose you custody... but you need to go get a lawyer and file for custody as soon as possible. Hopefully through mediation the two of you can work out a visitation schedule... otherwise it will up to a judge to determine.

Raye - posted on 01/22/2016

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Michelle is right. You didn't get court orders for custody/visitation when you gave birth, so now he's forcing the issue. Got to court. We can't tell you what a judge will rule, because we don't know all the facts in the situation. We know a little bit of your side of the story.

Did you and the father live closer when you were having sex? If so, who moved away, you or him? These may be questions asked in court, and could be a deciding factor in granting custody to one or the other of you. If he moved away, then it would be seen more in your favor, but if you moved away, then they may take that as you trying to intentionally keep the child from his father. If the father has always lived far away, then the distance will matter more in determining visitation orders.

Michelle - posted on 01/21/2016

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Doesn't matter that you weren't together. You were together enough to create a child. Even if he didn't want to know about his child when he was born, you should still get everything done through the courts.

Rachelle - posted on 01/21/2016

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Thank you. His dad and I were never together when he was born he didn't want to know about him till he was 3 months old

Michelle - posted on 01/21/2016

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You need to get yourself a lawyer and go to court.
As soon as you had split up you should have gone to court to sort out custody, visitation and child support.
There is a pinned conversation on the 1st page that has a lot of information regarding this exact issue.

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