I am a victim of domestic violence. My ex strangled me while I was 4 months pregnant. I am now 7.5 months pregnant and I am afraid he is going to try to get custody of my child after the birth. He is already taking the domestic violence to trial so I am thinking this guy will do anything he can to hurt me. My question is, do I need to establish paternity before filing for soul-custody of my child?

When you file for custody and support then your also going to ask the courts to declare a legal father by naming the father and the courts will require him to take a DNA test unless he want s to sign for the child.

You will have to name him, if he wishes to prove he is the father he can file to be proven by DNA and file for visits.

You can use the police report of what happened to show he is a threat

You will have to name the father to get custody or support.

What was the results of the DV complaint? Is it going to trial? Does the prosecutor think he can win?

It is starting to look like I do need to establish paternity before filing for custody. Because custody is between two people... If I didn't name him at all then there would be nobody to dispute custody with. Thank you to everyone for your responses.

Yes, it is starting to look like that.

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Originally Posted by newmother28

It is starting to look like I do need to establish paternity before filing for custody. Because custody is between two people... If I didn't name him at all then there would be nobody to dispute custody with. Thank you to everyone for your responses.

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No you have this wrong. If you don't name him (the bio father) he can still take you to court for custody. Leaving his name off isn't that big of a deal if someone ones to excersize their rights.

Now I'm confused - if she's requesting custody and or support she does need to name him, right?

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Originally Posted by JudyKayTee

Now I'm confused - if she's requesting custody and or support she does need to name him, right?

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If she doesn't want support or doesn't need public assistance then she can leave the father unnamed. But that will only last as long as the father doesn't try to enforce his rights.

If she does want support or needs public assistance she will have to name.

The other question is are you married to him? If you are, this is a whole different issue. (It doesn't sound like you are but it bears asking)