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    Mia08's Avatar
    Mia08 Posts: 1, Reputation: 1
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    #1

    Feb 8, 2008, 07:57 PM
    Unborn child custody
    I am 6 months pregnant and my husband is physically and mentally abusive. I have finally left him but now he's threating to take the baby away from me when she's born. Is there anything I can do to establish custody before she's born. I have a past criminal record (like 7 years) and I'm scared that if he takes me to court that the baby will end up in state care before either of us can have her. Someone please help me!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 8, 2008, 08:04 PM
    Get an attorney now
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 8, 2008, 08:13 PM
    Yes you need to get an attorney but there is no custody on a child that is not born, so once the child is born, you will need to file for custody, and then the two of you will have to go to meetings to try and work out some deal.

    As the father of the chlld he has full rights to ask for custody, or try to arrange joint custody which is more common

    Assuming the police were called when he abused you, there should be a record of his for abuse and a reconrd of police reports
    ciaobella's Avatar
    ciaobella Posts: 16, Reputation: 1
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    #4

    Feb 8, 2008, 08:16 PM
    Quote Originally Posted by Mia08
    I am 6 months pregnant and my husband is physically and mentally abusive. I have finally left him but now he's threating to take the baby away from me when she's born. Is there anything i can do to establish custody before she's born. I have a past criminal record (like 7 years) and I'm scared that if he takes me to court that the baby will end up in state care before either of us can have her. Someone please help me!
    Nothing can be done until the child is born but I suggest as soon as she is born you talk to legal aid and get a lawyer. You say he has been abusive both physically and mentally and that you have a record from 7 yrs ago. Well don't be scared darl because as long as you can prove that the record was 7 yrs ago and whatever you did has not and will not happen you are fine. The courts will probably order phsycological report and family report and may also request a drug test from boh parties so be prepared. The main thing to worry about is not to stress too much you are pregnant. To be quite honest from what you have said he doesn't really stand a chance in court. I think also he is only saying he will take custody to upset you so you will take him back. One last thing in court keep a level head and be honest (no matter how bad the truth is) the judge will show you respect for recognising you may not have always been perfect.
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