View Full Version : Custody issue
theronsmommy
Dec 23, 2009, 05:29 AM
I am about 9 months pregnant and I'm 17 and the father to my baby has not helped me out one bit since I have been pregnant he is 18 now and he wants to fight for custody but I don't think he deserves to be apart in my baby's life after he is born because he hasn't been from the start. We both come from good familys, his dad is a police officer and he threatens me with that I want to know if his dad could help him out in anyway so he will get custody?
ScottGem
Dec 23, 2009, 06:33 AM
First, unless you can prove him unfit (and not helping you so far is not enough) there is no way you can keep him out of your baby's life if he wants in.
Second, unless he can prove you unfit, it is highly unlikely that he will be able to get primary physical custody.
You need to understand there are two types of custody; legal and physical. If it is proven that he is the father, he will in all likelihood, get joint legal custody. On the other hand, you will probably get primary physical custody and he will get visitation rights.
His father being a police officer should have no bearing on custody, unless he can unduly influence the Family Court judge assigned to the case.
So what happens now, is as soon as you give birth, you need to file a petition in Family Court for child support and primary physical custody. The court will order a DNA test to prove he's the father. He will counter file for primary custody. Whether he will win or not depends on several factors.
If he gets an attorney, you better get one also because if you go into court without one against an attorney, you will be much more likely to lose.
stinawords
Dec 23, 2009, 09:12 AM
He does not have to help you through the pregnancy. Sorry, but that's just the way it is. Second, as soon as the child is born you need to file for custody and support. He will most likely get joint legal and visitation as Scott pointed out. Also, you may want to look into getting an attorney because if he has one you will need one too. If he dosen't then it won't matter as much but it would give you the upper hand. His father being a police officer dosen't really have anything to do with anything unless the custody battle gets really ugly he (if he has been a great officer for a long time) might be a reliable witness against you (at least in the eyes of the court). But again I don't really see an ugly custody battle since it is a couple of kids having the baby I don't see your parents spending millions of dollars on the highest priced attorneys to drag it out that much. You do need to remember though that he is the father and he will have his rights and responsibilities just as you will have.