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    cupcakekid28's Avatar
    cupcakekid28 Posts: 1, Reputation: 1
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    #1

    Aug 25, 2008, 05:18 PM
    He's calling the cops!
    Hi! I have a 7wk old baby boy from my ex and I am not letting him take my son to his house or anywhere that I am not at. He is threatening to have the cops come to my house and demand that I let him take my son to his house for visits. I don't think he would ever hurt my son, but he does drink a lot and smoke, and he also has a lot of speeding tickets. So I don't want my son to be around that kind of stuff. I told him that I have no problem with him or his family coming to my house to visit with the baby... but he would rather have my son go off with him. What kind of rights does the father of my son have? Can't I deny my son going off with him because I am his mother and he is MY baby?! What would happen if he really called the cops and they came with him to my house? Would they make me give him the baby so he can go to his house for a few hours?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Aug 25, 2008, 05:51 PM
    Right now he really doesn't have any rights other than what you give him.
    The cops won't do anything most likely. Their job is not solving domestic disputes.
    You two need to go through family court and set up child support/custody/visitations

    You can tell the Judge your concerns and suggest that all visits be through his parents and at their home or ask for supervised visits.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #3

    Aug 25, 2008, 07:02 PM
    Of course, nothing you've said sounds bad enough that the judge will order supervised visitation in my opinion. And, I hate to break this to you, but he's not YOUR baby. He is YOUR and YOUR BOYFRIEND'S baby. So get used to the idea that the father will be in your child's life, he will be taking him for visitation, and he will be helping to support the baby.

    Now, in order to fully exercise his rights to visitation, the father will need to go to court and have paternity established and visitation set up. But once he does that, if you do not allow him to have the child per the custody order, he can take you back to court and charge you with contempt. So walk carefully in this situation.
    liz28's Avatar
    liz28 Posts: 4,662, Reputation: 1034
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    #4

    Aug 25, 2008, 07:02 PM
    No the cops can't make give him his son for a visit but he can take you to court for visitations. I know you're his mother but he's the father. I understand he smokes and drink but if he has common sense would not do this while the child is in his custody but you can address this in court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 25, 2008, 07:07 PM
    Unless he has a court order to allow vists, but what he can do is go for joint custody or at least visits in courts. Once he has a court order, you will have to allow him to take the child to his home for the length of the visit. So since nothing you have listed shows him as a threat to the safety of the child. Sounds like you are mad at the ex and using the child as a weapon, and/or trying to make him come around to see you by using the child.

    You may as well work out a visit program with him, or the court will decide one for you
    mngentleman's Avatar
    mngentleman Posts: 1, Reputation: 1
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    #6

    Aug 26, 2008, 10:56 AM
    Comment on liz28's post
    Common sense is not common, and there is no way to know if he will drink and smoke when the baby is there.
    liz28's Avatar
    liz28 Posts: 4,662, Reputation: 1034
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    #7

    Aug 26, 2008, 11:52 AM
    mngentleman : Common sense is not common, and there is no way to know if he will drink and smoke when the baby is there.

    I stated if he has common sense he would not drink nor smoke in front of his child. For you to disagree is very childish. It's good that he wants to be in his child life unlike some fathers. Your using the rating system wrong and need to reread the rules. Do you know this dad personally? If that you can state what he'll or won't do.

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