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my babys father is fighting so bad with me, i want to leave him but hes threatening to take my son what rights do i have?

fathers name isnt on birth certificate... he wont change the way he is with me... always fighting and hes making it hard for me to even get out on my own away from him i dont know what to do he says he will take the baby from me and ill never see him

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Asked by jmommy26 at 4:41 PM on Jun. 18, 2009 in Relationships

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Answers (12)
  • the judge normaly goes toward the mothers side. just make sure you have evidence of whatever, whether it be a witness, video of something, ect. but more than likely you'll get the baby, especially if he's not on the BC. GL

    Answer by Anonymous at 4:44 PM on Jun. 18, 2009

  • he can't take the baby from you

    Answer by Anonymous at 4:45 PM on Jun. 18, 2009

  • Hunny if he isn't on the certificate he can't do anything until he goes to get a dna then the can take you to court if he leaves with the child, call the cops and report a kidnapping.

    Answer by rebel07 at 4:45 PM on Jun. 18, 2009

  • do you have a recorder or anything where you can catch him saying this? or has he said it to you on a message or anything?

    LEAVE. and then consult a lawyer or your free legal aid service. take the baby with you of course, but dont deny him his right to talk to his baby or visit his baby (not alone). try to get a CO (court order) right away. and there are groups here on CM that can help you if you have other questions. GL

    Answer by outstandingLove at 4:45 PM on Jun. 18, 2009

  • im sure every state is different, but in missouri, if the father is not on the birth certificate, he has no rights. the mother could keep the child from him and the'd be screwed until he got an attorney and filed a paternity action. however if the father is on the birth certificate and there is no court order, its fair game until paperwork if filed.

    Answer by sylvia10907 at 4:46 PM on Jun. 18, 2009

  • In SC if your not married the mother gets the kids.

    Answer by seasnakesc at 4:48 PM on Jun. 18, 2009

  • First thing is his name isn't on the certificate, but either way I would contact a lawyer(they have ones that you can go to if you don't have the money) but a judge doesn't usually take the child away from it's mother unless there is physical, emotional abuse, drugs, alcohol etc... if your clear of that then he doesn't have a leg to stand on. Can you take the baby and stay at a relative's or friends house? I would look into a lawyer asap.

    Answer by Anonymous at 4:48 PM on Jun. 18, 2009

  • First of all i was going through the same thing only my sons father was on the birth certificate. He has no rights to your son what so ever. First thing i would do is go to your local family court and file for custody, they will make you get a DNA test and then if you feel he is rly a danger to you or your son. Get a restraning order against him. If hes not a danger to an extreem just a little controling then i would say get a stay away or (i cant rememeber the exact name) but its a order where he can be around you ad your son but if he scares you in anyway you can call the cops and have him arrested but hunny im telling you if hes not on the Birthcertificate he has absolutly no rights what so ever

    Answer by serenaxxmarie at 4:49 PM on Jun. 18, 2009

  • I'm sure all these moms are giving accurate responses for what they've experienced or seen happen, BUT in reality every single state, county, and judge is different. You really need to consult a lawyer and ask them as they will know the laws for your area better than any of us will. (For instance, in some states he doesn't even need to be on the birth certificate if he's been assuming responsibility for the child since he was born.) We can all give you advice, but the reality is what happened with us may not happen with you. Call your local courthouse and ask if there are any free legal services in your area.

    Answer by Jafra_mommy at 4:54 PM on Jun. 18, 2009

  • Of course he's threatening it, he knows he's scaring you. He's abusive and controlling. It will never get better, it will only get worse. You need to get out. Look up local resources for domestic violence assistance. They will help you through everything.

    Answer by CoolGirlChris at 5:03 PM on Jun. 18, 2009

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