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What is my sons legal right as an Autistic child?

Unmarried and 39 weeks pregnant, can father take my child?

  • I met this guy a little over a year ago, and got pregnant shortly after, was in the process of getting the mirena but not quite there, I got pregnant right before it was to be put in.. I actually found out I was pregnant while he was in jail for domestic violence against me. He was against it all the time, wanting an abortion which I strongly DO NOT believe in, he tried brainwashing me, telling me he'd stay with me if I did it, told me he wishes he could just push my down the basement stairs so I'd miscarry, everything.. But in the end I decided against it after I saw my sons heartbeat... =( Cannot believe this guy, but we ended up getting back together, btu he always blamed me and held it against me that I didn't have an abortion and blamed me for him being in jail. Now here I am 39 week pregnant, we are not togehter anymore nor do we talk at all anymore, but he's told me that he plans on getting a paternity test and going for shared parenting with him being residental parent? What right does he have taking my son from me and being residental? In the past he's always told me he's gonna take my son from me, and asked me that since I have custody of my 2 year old daughter (her father is deceased) and his 2 year old gotten taken from him (him and his x have shared parenting and she is the residental) that I juts give my son to him. WTF? My question is what do I do to keep my son safe? I do not trust him since I didn't have the abortion who knows what he'd do, and how do I protect myself and have custody of my son? I want him in my sons life I just think he dosen't need custody of any sort, and at first I think supervised visitations would be needed. I don't have alot of money for an attorney and called legal aid and they told me to call them when I have a case.. All I have so far is a certified letter from him requesting I get a paternity test while pregnant or shortly afteer, I don't have the money for that so uh he needs to pay for that, I'm not saying I won't do it because I know it's needed for child support.. But what do I do, I adore my son and he's not even here, and my daughrter is already loving on him.. she is getting excited for him to get here. I just want to keep my son with me and not sure what the right legal steps would be.. ANy help will be appreaciated.... Thanks so much....

  • Answer:

    If this man committed a violent crime against you, you need to get a protection order against him. I would tell him that he is not the father and that it is someones else's baby. I would not give him a test and I would avoid him by all cost. I was in this same situation and I still have my child. If he hurt you who's to say he won't hurt that baby to get back at you. So what that your other child loves him she will forget him after a while, she is still young and it will not effect her. You have to protect yourself and those kids. Guess what children services are going to say to you when they take your kids? If you can't protect yourself, you can't protect these kids. So either way your taking a chance of not only loosing your newborn but your daughter as well, trust me they monitor parents and violent cases involving women with kids. Trust me I have been through the wringer with this same thing. You have a choice your kids or him. Don't put his name on that birth certificate. I hope you listen!

Megan at Yahoo! Answers Visit the source

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First of all, many states favor the mother having custody right off the bat. Secondly, his abuse record should be brought to light in court. Abusers will also abuse their children. Just fight him in court. You will likely win. Get your family and friends to back your story and tell the court you fear for your safety and your children's. It would also be advisable to get a protective order against him right away. This will show the court that you have feared him for a while. Also, in the future do not involve yourself with abusive men. One push or slap should be more than enough to say good-bye, forever. Some women will use the excuse that they stayed for the kids, or because they were pregnant. This is actually a huge reason to leave!!! Your children cannot defend themselves. They need you to do that for them. I grew up with violence, don't bestow this upon your kids. P.S. Legally he may have a paternity test performed. Avoiding him and pretending you never met him will not prevent him from establishing paternity.

He has to be able to prove you are an unfit mother and since he was in jail for domestic violence his chances of getting custody are slim.

No judge would give custody to an abusive father, you need proof. Get dirt that you can back up in court, get police involved. You're gonna have a little boy, congratulations!

If he was in jail for domestic violence against you there is NO way they would give him your son.

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