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    ellabelle30's Avatar
    ellabelle30 Posts: 2, Reputation: 1
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    #1

    Apr 21, 2009, 03:33 PM
    Can the father of a unborn child get full custody
    I am going through a divorce and my husband has threaten to get full custody of the baby when it's born. He said that he is going to prove that I'm unstable and make up stories to make me look bad to the judge. I got a restraining order for domestic violence because of the abuse but recently I was arrested because as he was chocking me I scratched him in the face and the police took me because his marks were visible. I believe that this will go against me. Also I had my 2 children taken away because he used a belt while spanking them and I have the charge of failure to protect and neglect while he has the charge of abuse. Once again I feel that this will go against me as well. What chances would I have of him not getting full custody of the child when it's born, and does the past incidents make me an unfit mother.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Apr 21, 2009, 03:37 PM

    Quite frankly it sounds like this child might be better off being adopted. Aside from that mostly its going to depend on what steps are taken by both sides. Have either of you taken anger management classes or parenting classes ? You are going to need a lawyer to get you through this one.
    ellabelle30's Avatar
    ellabelle30 Posts: 2, Reputation: 1
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    #3

    Apr 21, 2009, 03:55 PM
    Actually I have taking both parenting classes and anger management not to mention that I am in therapy and completing everything that the judge ordered. Him on the other only went to 2 classes and decided that he wasn't going to follow through with any of it. I don't think that I need to put my child up for adoption I just got into a bad relationship and now I'm suffering for it. Before he came into my life my kids and I were fine. I am a good mother just a bad judge of character in men.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Apr 21, 2009, 04:00 PM
    Quote Originally Posted by ellabelle30 View Post
    Actually I have taking both parenting classes and anger management not to mention that I am in therapy and completing everything that the judge ordered. Him on the other only went to 2 classes and decided that he wasn't going to follow through with any of it. I don't think that I need to put my child up for adoption I just got into a bad relationship and now I'm suffering for it. Before he came into my life my kids and I were fine. I am a good mother just a bad judge of character in men.
    Then I would say your on the right track to mending your life. Congratulations on taking the right steps and being proactive. Now as far as your question regarding custody. No one can predict with solid outcome what may happen in a court room but you have taken the steps to dramatically improve your chances of being awarded at least at a minimum.. Custodial parent.. meaning you have the child the majority of the time. Keep doing what your doing and taking the steps to get your family reunited. Cudos to you for the efforts.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 21, 2009, 06:54 PM

    Judges can and will do some of the silliest things, so what will a judge do, who knows, will he get full custody, most likely no, with his record, but then with yours it is possible that the judge will rule against both of you, Your best bet is to get legal help, and file for custody as soon as child is born
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