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TerrifiedMommy · Apr 13, 2012, 11:21 PM

I am curious as to what my rights are as an Unmarried mother of a 7 month old.
The father live with me & my family, has had 5 jobs in the past 2 years, NONE lasting more than 3 months without termination, (One for taking a pill, one for not showing up ect)
I want to leave, but he will try to take our son with him.
He has not done anything to support him, all he does is sit around play games and watch TV. He does not feed/bathe/play with him. I stay up all night when he is teething, I put him to bed, I do basically everything as a single mother.

If I kick him out, Can he take our son with him? What do I need to do?

TerrifiedMommy · Apr 13, 2012, 11:52 PM

On top of this, he has a bad temper, and to him fighting solves everything. (such as; "he disrespected you im going to beat his ***")
He leaves our son to cry, until he SEES me go to get him (eg; if I'm washing dishes) then he will get up, his response "I didn't hear him".
When our son was 6 months & learning to roll, he got mad because our son was playing with the controller he was holding, and pushed him away from him so he could play his game.
I have no solid physical proof of this, and he will just tell the court I am lying. How do I prove this?

ScottGem · Apr 14, 2012, 05:01 AM

To take a child, especially an infant, away from its mother takes conclusive proof that the mother is unfit.

Since you live in your family's home, they can give him notice to vacate. But they have to do it legally since he is a resident. If he has lived there more than a year, they have to give him 60 days written notice. If he refuses to move, then they have to go to court for an eviction order. If he gets violent then you can call the police and ask that a restraining order be issued.

If he tries to take the baby with him, then whoever is home tells him no and calls the police.

You then need to go to court to establish custody, support payments and a visitation schedule.

Unless he can show you unfit AND that he has a stable home and can care for the child, it is highly unlikely a court will give him custody.

AK lawyer · Apr 14, 2012, 06:07 AM

In the absence of a court order, both parents share full custody rights. So if you want to split with him, you had best get a court order giving you custody, and giving him the obligation to pay child support.

Fr_Chuck · Apr 14, 2012, 06:36 AM

Ok, if he is on the birth certificate he has the same rights to the child as you do at this point.
Next post in the real estate area about "kicking him out" you can not just kick him out, if he is not the lease, you can evict him, if you are on the lease. If both are on the lease, he can not be evicted either.

But on the child, if he does take the child, then you file for custody and to have the child returned in court. If you are going to split, you really need to file in court for custody, but remember he has the right to ask for joint custody and willl get at least visitation if he asks for it.

ScottGem · Apr 14, 2012, 09:16 AM

While I don't dispute that he may have joint custody and equal rights to the child, from a practical standpoint, he can't just take the child if someone is there to stop him. If he calls the police they won't let him take the child from it's home without a court order. If the OP or her parents call the police the same thing.

However, if he is alone with the child and leaves, then he will have possession and the reverse would be true. They can't just take the child.