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

    Jan 11, 2009, 05:03 PM
    Can I get full custody of my unborn daughter?
    I am 26 years old and 29 weeks pregnant with my first child. I am no longer with the father, due to him being bi-polar and very unsupportive the first couple months of my pregnancy. We got pregnant the first time we slept together and he is now living with a girl who is on h.u.d. (which he is not on) on his 17 year old girl friend (also not on the h.u.d.) He is also known to smoke marijuanna and he has threatened many times that he was going to take my daughter from me when she was born, and I haven't had any contact from him for probably 3 months until today and now he says he has every right to be in the delivery room when she is born and to have custody of her too. Can I file for full custody?? And how would I go about that? Do I have to let him see her even if I feel it would an unsafe environment for her? :confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 11, 2009, 05:13 PM
    No he does not have a right to be in the delivery room, or to even be in your room if you do not want him there. Unless you list him on the birth certificate he can not do anything unless he takes you to court.

    There is nothing you can do until the baby is born.. But I don't see anything that has happened that would keep him from getting visits if he wanted to file for visits.
    *** from the legal view point, I can understand why you don't want to let him, but from the court, he has to be a physcial threat
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Jan 12, 2009, 06:02 AM

    He could be married to you happily and still not be allowed in the delivery room if you didn't want him there. The hospital WILL follow your wishes on this as you are the patient.

    He will not be allowed to handle the baby, visit you or the child or anything if you do not allow him. He will HAVE to go to court, file for paternity, he will have support payments set up and have visitation, possibly supervised, established BEFORE he can legally do anything.

    As the mother, unless you smoke crack IN THE COURTROOM, the chances of him getting custody fall somewhere in the range of "not gonna happen"

    Don't stress out over this. Enjoy your last trimester and good luck. This dude is just trying to annoy you. He has nothing.

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