Can my son's father win joint custody of 6 month old baby?!

Denise - posted on 07/25/2014 ( 1 mom has responded )




We were friends but not in a relationship when I became pregnant. After the news he turned into a complete asshole and I went thru my entire pregnancy and birth without any support or encouragement from the father. I filed for child support and shortly after he was notified, I was served with a complaint for joint custody.... Keep in mind at the time my son was only 8wks old. Now he's 6 months old and we still don't speak and he has little contact with the child on a daily basis; however I did allow 3 overnight visits within the last 6 months because he refuses to see his son unless I let him take the baby for the weekend visits. I was never comfortable with long periods of unsupervised visitation but I did attempt to give it a try but I stopped because he has threatened several times not to return the baby. He never contacts me about how the baby is doing and refuses to pay any financial assistance towards him. I've offered him visitation in public places or at my home for bonding time but he refuses because "he doesn't want to see me". Has anyone else gone thru child custody with a very young child? Any advice offered is much appreciated because I'm going thru so much stress behind this and trying to support my baby on limited income. I don't mind visitation... but 50/50 split of a small baby sound crazy to me personally. I just need to know am I being unreasonable, or do I have anything to worry about when I appear in court because I cannot afford a family attorney right now.


Jodi - posted on 07/25/2014




Your relationship status is irrelevant. His attention to you while you were pregnant is irrelevant. If he is the father and you live in a place where 50/50 custody is considered appropriate unless the child is in danger, then yes, he has every chance of getting it.

His lack of contact, if it is due to you not "allowing" him is also irrelevant. In fact, if you are of the opinion that you can have all the control of when he gets to see his child, it may be considered parental alienation. If you decide to stop allowing visits, you could lose custody altogether. You don't GET to control what he gets and what he doesn't. That's why we have family courts. To decide these things. You can't be trusted to be objective.

I'd suggest you find a way to get a lawyer, because there is a very real possibility he will get 50% legal custody if he can show that he can provide an equally stable environment as you can. His attitude toward you is irrelevant.

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