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jazmin05 · Oct 29, 2008, 02:26 PM

I'm 8 months pregnant and no longer with the father of my baby. Now my question is how fast can I apply for full custody because he wants to take my baby always from me and his an unfit father mental and physical but his in the military. So my other question is does he have any probability on getting full custody over my unborn baby??

HELP!!

liz28 · Oct 29, 2008, 04:46 PM

You will have custody of your baby once he/she is born since the two of you aren't married. The father can take you to court for full custody but he must prove that you are unfit. If anything he will get visitations and be order to pay child support.

But nothing can be done until the baby is born.

southerngalps · Oct 29, 2008, 04:54 PM

Until it is proven that a father is unfit, a judge will not just take a child away from the father. It would either be joint custody or every other weekend. Something like that. maybe you can start the paperwork before your child is born.

liz28 · Oct 29, 2008, 06:41 PM

Nothing can be done untul the baby is born. Until than, he has no rights.

Fr_Chuck · Oct 29, 2008, 06:57 PM

Nothing can be done till the baby is born, If you do not list him on the birth certificate then he has not rights till he takes you to court.

Next he can not just take the baby if he is not listed on the birth certificate, He can file for custody but unless you are unfit, he will not get it, he may well get vists.

spyderglass · Oct 29, 2008, 08:50 PM

If you are unmarried, don't put the fathers name on the legal papers and birth certificate papers (after the baby is born)

liz28 · Oct 29, 2008, 08:59 PM

Even if she don't put his name on the birth certificate he can still take her to court. A DNA test will be done and once he is proven to be the father his name will still go on the birth certificate.

Regardless, your going wine up in court. As long as your not unfit, I wouldn't worry. He will have rights because he is the father and as mention earlier if anything he will get visitations.

jazmin05 · Oct 29, 2008, 09:42 PM

Originally Posted by liz28

You will have custody of your baby once he/she is born since the two of you aren't married. The father can take you to court for full custody but he must prove that you are unfit. If anything he will get visitations and be order to pay child support.

But nothing can be done until the baby is born.

I already know he will get viditation and I already applied 4 child support. But would the court really take her from me?? I mean he use to hit his wife and stepson and was in drugs and drinks a lot he has ptsd because IRQA n sum other mental problems dats why he got kicked out of da navy last month. And I want him to see his daughter she has the right to have her father around and I've told him that he can see here when ever he wants but not with out some one watching over them.

spyderglass · Oct 29, 2008, 09:48 PM

I don't know your history but I don't really think that they would do that. I'm not the judge and jury... but I can't see them doing that.

jazmin05 · Oct 29, 2008, 10:09 PM

Originally Posted by spyderglass

I don't know your history but I don't really think that they would do that. I'm not the judge and jury...but I can't see them doing that.

But do u know how fast I can apply 4 full custody after she's born??

liz28 · Oct 29, 2008, 10:31 PM

The only way your child would be taken away from you is if your unfit or a harm to your child.

Same for you, you have to prove that is unfit and you can do for having proof. You can also request that he have supervise visits.

The judge is the one that decides what will happen. It rare that a child get taken away if the mother is fit.

Also, I never heard of a pregnant women filing for custody or child support before the baby is born. What state do you live in?

jazmin05 · Oct 29, 2008, 10:38 PM

Originally Posted by liz28

The only way your child would be taken away from you is if your unfit or a harm to your child.

Same for you, you have to prove that is unfit and you can do for having proof. You can also request that he have supervise visits.

The judge is the one that decides what will happen. It rare that a child get taken away if the mother is fit.

Also, I never heard of a pregnant women filing for custody or child support before the baby is born. What state do you live in?

I'm in California I don't know I when in and told them what was happen and they said OK u can apply but I have to wait till the baby is born so they can start taking child support from him because they got do a dna test and all that stuff

Fr_Chuck · Oct 30, 2008, 07:03 AM

First please this is not a cell phone and we do not want or allow text speech here, please if you want to continue to post at least spell out your words.

You will have to get an attorney, and go to court, if he is not listed on the birth certificate you prove he is the father by DNA tests. Then you get a child support order and if he wants he can get a visitation order to see the child.

ScottGem · Oct 30, 2008, 07:14 AM

You don't seem to be reading what we have told you. You don't need to apply for full custody, because its automatic. If he wants to have joint custody and visitation HE needs to go to court to get it. He will then need to prove you unfit as a mother to get custody away from you. Most likely he could get some visitation, but if you can prove a history of violence and drug use, then you can greatly limit visitation.

Custody is a separate issue. It does mean that you have to put him on the birth certificate and acknowledge he's the father. But you can apply for support and he will still need to start an action for visitation.

So, as soon as the baby is born you file for support. Do NOTHING else. Let him file for custody/visitation. You can then fight it by presenting the evidence of violence and drug usage.

P.S. and yes please write in fulle words and sentences, we do not all texting here.