Baby dad

Lauren - posted on 10/15/2013 ( 1 mom has responded )




My sons dad is taking me court. We have always got on ok, until he started picking n choosing when he wanted him. We went threw solicitors n it got resolved then he got a new girlfriend n started putting her before my son, so I kicked off. His family got aggressive n abusive I got threatened. They said they'd take my son n never bring him home. Also they have done 4 malicious calls towards me. I don't no what his rights are, I will be saying he can have contact.. But I don't no what will happen, any help?


[deleted account]

Going to court is a good thing. Without a court order stipulating custody and visitation arrangements, he has the exact same rights you have. In most states in the US, this includes taking your son and never bringing him back--if he did that, you couldn't prosecute him, all you could do is take him to court and file for visitation rights for yourself.

No one can tell you what is going to happen--that is in the judges hands. Just make sure you have a good lawyer and you have all of your evidence in order. Did you document the malicious calls? If not, they are not going to hold up in court. Do not say ANYTHING to the judge about your son's father that you cannot prove with evidence, unless your attorney gives you permission to do so--most anything that is not supported by evidence is considered hearsay and is not admissible in court, and bringing lots of it up will just get on the judges nerves.
Your lawyer will help you organize and submit your evidence, then put together a strong case for you. In the US, mom's are usually favored (unless you have a bad history or unstable living environment). Judges are also usually hesitant to swap custody when one parent has been the primary parent for most of the child's life--so that works in your favor.

Once you get the court order, make sure you file contempt of court charges against him every single time he fails to show for visitation or is late returning your son. This will build evidence in case he ever tries to take you to court again.

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