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    Shelagh Martin's Avatar
    Shelagh Martin Posts: 2, Reputation: 1
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    #1

    Jul 12, 2012, 11:21 AM
    Costudy of an unborn baby
    My daughter is 18 and pregnant. The father is controlling and abusive. He is always telling her her will get costudy and that if she leaves he will take her daughter. He is always telling her she isn't a fit mother. Now that she has left due to physical harm and threats and drugs he is saying the baby will live with him and if she leaves the hospital with the baby he is getting her on kidnapping. Can she file for costudy of her unborn child?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 12, 2012, 11:23 AM
    Of course she can't file for custody of unborn child, by rights of being the mother she already has sole custody. Sorry, he can't charge her with kidnapping when she leaves the hospital with the baby.

    But she can file a restraining order against him.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jul 12, 2012, 11:25 AM
    Quote Originally Posted by Shelagh Martin View Post
    My daughter is 18 and pregnant. The father is controling and abusive. He is always telling her her will get costudy and that if she leaves he will take her daughter. He is always telling her she isnt a fit mother. Now that she has left due to physical harm and threats and drugs he is saying the baby will live with him and if she leaves the hospital with the baby he is getting her on kidnapping. Can she file for costudy of her unborn child?

    No, no one can file before custody BEFORE the child is born. If the father and mother aren't married DNA has to be done to prove paternity before custody/visitation will be addressed by the Court. This is also done FOLLOWING the birth.

    Leaving the hospital with a baby does NOT constitute kidnapping.

    He's just threatening and trying to scare her, and he obviously doesn't know the law.

    Was he threatening and abusive when she was having sex with him or did he change when she got pregnant?
    Shelagh Martin's Avatar
    Shelagh Martin Posts: 2, Reputation: 1
    New Member
     
    #4

    Jul 12, 2012, 11:29 AM
    He has restrained her while pregnant and has hit her while pregnant. Refuses to stop smoking pot. She finally left.

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