can my child father get custody if he has a terrible police record?

Emely Ponce De - posted on 12/09/2015 ( 3 moms have responded )




my daughter father don't even sign the birth certificate, he took my daughter according to him so my daughter can be on his birthday party, now he don't want to give me back my daughter, he also said that he was some kind of document from court that don't allow no body to take the baby out of the state, I always tough that a judge never do such of thing with out me been present in court, it's that possible and if it please what can I do cause I want my daughter back and plus we are not married I'm separate from my husband for 4 years but never divorce that's why the hospital don't let my baby father sign the birth certificate, now he said that he is filling for full custody, I have a stable job, god future in my family I family members in the ARMY I don't have police record so I don't know based on what he pretend to get full custody and on top of that he don't want to let me see my baby please HELP me by give information of what ca I do if I just go and get my baby or go to the police , court etc. thank you in advance


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Sarah - posted on 12/09/2015




Having members of your family in the Army is irrelevant. I can't understand the rest of your ramblings; are you married or not? Court orders can be given if you are not there, did you receive notice to appear? Is he named on the BC? If he was able to take the baby from you he must be known as the father somewhere? Was this the first time he saw her, to take her to the party and he never brought her home? Why don't you get a lawyer and figure out what to do next.

Ev - posted on 12/09/2015




I have to agree with Raye. I take it where you live the father was not allowed to sign the birth certificate because the husband is considered the father unless proven not. Some states have laws that work like that where the husband is considered the father no matter the circumstances regarding the birth of the child or the real father. You most likely will need to go to court in his state and fight for your rights now that he has her. Did you ask for a copy of his documents giving him the right to keep her in his state? You need to find out what he did to do that and you should have been served something so you could show in court.

Raye - posted on 12/09/2015




Why have you not divorced your husband after 4 years of separation? Why were you having sex with other people if you were still married?

If you don't have court orders detailing the terms of custody/visitation, then the police can't do anything for you. If you're not going to reconcile with your husband, divorce him. Go to court with your baby's father and work out the terms of custody and visitation. He can be proven as the father with a DNA test, and he does have rights to his child. His police record most likely won't affect the custody case unless you have hard evidence that he is a danger to the child.

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