Newborn Custody

Lisa - posted on 08/08/2015 ( 4 moms have responded )

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Hi ladies!!! I'm here in Texas and to make a long story short my husband of 4.5 years and I have been seperated for 2 months now and he's wanted a divorce since I found out I was pregnant. We had been undergoing fertility treatment for about 2 years to conceive this child due to his low sperm count, which was not my choice but his. And although he says he's not seeing anyone else, social media tells a different story. I've created a list of these items for divorce court. So now I'm sitting here 4 months pregnant and seriously depressed. I really don't know what to do. I want to know is there anyone who knows what a child custody battle of a newborn is like?

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Raye - posted on 08/10/2015

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There's a lot of stress that goes along with trying so hard to get pregnant for a long time. The relationship turns into more of a chore, and I've seen several couples split and some divorce because of it. So sad.

If the relationship is not going to work out, then you need to work on the details of custody, visitation and child support. Speaking to a lawyer may help you understand the laws in your area and help get the outcome you want.

Lisa - posted on 08/08/2015

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Oh yeah we're 100% sure it's his child. He's not denying it. Plus he was there for the entire insemination and pregnancy confirmation process, verifying his sperm prior to insemination etc. Unless some sort of way there was a mix up in the lab and someone else's sperm was in the vail with his name, which would scream lawsuit lol. Let's hope that's not the case lol. Here in Texas if, married no AOP is needed. The husband is assumed to be the father, unless the husband believes he isn't the father in which a paternity test would have to be done in order to release him from being the child father. It's almost crazy.

But please keep my family and I in your prayers.

Lisa - posted on 08/08/2015

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Thanks. There hasn't been any filing, just talk and we're not living together. I didn't think that the phone messages etc are enough to make a huge impact, but maybe some not too sure. I do plan on breastfeeding. Hopefully it'll all work out in the end.

♫ Shawnn ♪♫♫ - posted on 08/08/2015

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I'm not sure how demonstrating that he may be in another relationship will help you in divorce court, if you are currently separated, and he's filed, but that's not your question.

As far as custody and support, you will probably have to make sure that there is proof of paternity first, but then you should be able to ask for certain conditions such as no overnights until the child is a certain age, etc, especially if you breastfeed. Make sure you get a good attorney that can handle child custody cases.

Good luck!

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