ANSWERS: 5
  • Get a good lawyer to protect your rights as a mother who has been taking care of the child. ASAP.
  • It depends, why does he think he can get him? You would have to be rendered an unfit mother as well as neglectful or abusive. Unless you have a substance abuse problem that is causing you to harm or neglect your child or your not watching them & they are getting hurt. The courts usually don't give the father custody unless the mothers declared unfit.
  • If you two have never been married, how is he your ex? He may be the biological father, but thats it. he has no legal say so over the child. You need to call the police and make a report. this is your insurance, if this occurs. Your ex can be charged with kidnapping, if he takes your child. Not being legally married, places a whole different set of laws in place, governing children.
  • He can't just come and take your child. He would have to take you to court to sue for custody and establish that you are an unfit mother. If he takes your child under any other circumstance, he is kidnapping. Get legal help straightaway, and inform the police. You may have to take out an AVO.
  • Well, the thing you need to do is keep him from taking the child in the first place. That means you need to obtain FULL, LEGAL custody. In some states, possession is 9/10ths of the law, but not so in ALL states. If you don't have a custody order signed by the judge, and this man is listed on the child's birth certificate as the father, then in some places he CAN come and take the child (out of state, out of country) and there's not a damned thing you can do about it. Go to the courthouse and file for full custody. Explain the situation and see if they can award you a temporary custody order so he can't remove the child from you in the meantime. If he wants to take the child, then he'll have to come to court and present his argument as to WHY the child should be removed from your care.

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