Single mom

Raellyn - posted on 01/17/2016 ( 5 moms have responded )

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My son is 3 months old and his father and I were never married. He is not on the birth certificate because he didn't believe he was his. Now that he knows the child is his, he has been threating to take my son away from me. What is the chance his father gets more than 50:50? What is 50:50?

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Sarah - posted on 01/17/2016

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While it is possible that he could get custody, I can't imagine a judge would just hand your three month old over to a man who has not cared for the baby at all. Keep documenting your efforts and stand your ground. If you were refusing him completely, then you could be accused of parental alienation. You aren't refusing him, you are offering him a time and he is declining to take advantage of the offer. Don't make idle threats out of anger and try to keep all of your communication in the form of texts or email, or even recorded conversations.

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Raellyn - posted on 01/17/2016

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Every time I do say it over a text and he says no but I'll come get my child but since he has threaten to take my child away from me I'm super uncomfortable with allowing him to take my child until there is a court paper but I do allow him all rights to come to my house to see him or I ask to me in a public location and because he can't bring his girlfriend he doesn't

Dove - posted on 01/17/2016

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If you are offering (perhaps do it in text or email for documentation) and he is refusing... that's on him.

It is highly possible that he will get unsupervised visitations once you have court, but for the time being... I wouldn't want my 3 month old out of my sight either.

Raellyn - posted on 01/17/2016

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I have tried many many time for his father to come see him which the only thing I have asked was him to leave his girlfriend at home because she has nothing to do with our child and because she can't come he doesn't come. I have told him that he can't see his son until court out of anger but then I contact him the next day to see his child

Dove - posted on 01/17/2016

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More than 50/50 is not likely unless he can prove that the child is unsafe w/ you or that you are keeping your child from knowing his father.

50/50 is pretty good unless you can prove that his father is a danger to him.

Given your child's age it is highly likely that you will be awarded physical custody w/ the father having visitations and build up to 50/50 custody as the child gets a bit older. There is NO WAY for anyone to legitimately predict what will or will not happen though.

Your best bet is to get a lawyer as soon as possible and file yourself for temporary custody and get a visitation schedule for the father put in place until more permanent arrangements can be figured out.

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