Me and my boyfriend of 4 years are calling it quits. We have a 2 year old daughter whom he has custody of and another baby on the way. He doesn't want to split up the children, which I completely agree with, but I was stupid enough to give him custody of our daughter and I don't want to give him custody of the baby. My question is how do I fight this? You can't claim custody of an unborn child, can you? If we do take it to court, who gets custody of the child before then... whoever has the child or what? I am not denying him of being the father, the baby will have his last name just like our daughter, but I am afraid that he will take off with the baby once I deliver. Help!:confused:

You have to go to court to revisit the Custody agreement on the 2 yr old. Part of your reason for revisiting custody is that you want to the two to grow up together. However, the fact that you voluntarily gave custody of the first child to him is going to have significant weight.

I strongly suggest you consult with a Family law atty on this.

Both parents have custody rights at birth, after the child is born you will need to file for custody ( and you can always go back to try and gain custody of the other child)

If he is a good father, and you signed over rights to one child, he may come into this with pretty good legal grounds. So you need to get the best attorney you can, be ready to file for temp custody the day the baby is born though your attorney, and get ready to go to court.

Why did you give him custody of the first child if I may ask?