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    munken345's Avatar
    munken345 Posts: 1, Reputation: 1
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    #1

    May 5, 2008, 08:42 AM
    Unborn child custody
    I am currently 9 weeks pregnant. The father of my baby wants to take me to court to get custody of the child. I live in Arizona and from what I understand the father can not get custody of the child. We are not married and I feel that he is not fit to take care of the child due to some background information about him. I need answers. Can he get custody since we are not married and if he does take me to court on this will they check his history?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 5, 2008, 08:53 AM
    Yes he can get custody if he can prove he is the biological father and that he is more fit to take care of the child than you. Those are the facts.

    The reality is a judge is not very likely to award custody to the father unless he can prove that the mother is a danger to the child.

    As for his fitness as a father, the courts will not look at anything unless you (or your attorney) bring it up. So you need to document your concerns on his fitness as a father and keep that ready, if he does take you to court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 5, 2008, 02:12 PM
    Well first nothing can happen till the baby is born, but yes he can file for custdoy, for joint custody, and/or for visitiation

    Normally unless there is a seroius issue with the mother, the father may normally get joint custody or visitation,
    Also what is his background, remember the courts will also look at the fact that you were with him and did not have a issue with his background to have the child.

    But you will have to present evidence in court as to why he is not fit to have custody of the child
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