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can he take my baby away?

baby's dad threatens to sue for full custody. he has a job working 40 hours a week and has been there for 2 years. i have no job and i receive welfare. the baby spends 70% of his time with me and 30% of the time with his dad. we have no court order but we are going to court now since we are fighting. he does not pay child support. can he take my son from me in court? i am not a drug addict or a prostitute, i just don't have a job. i have a home for my son with a fully furnished room and his dad has him in a pack n play in his dusty room by the foot of his bed. my son is one. am i the only one who sees that my son should be with me? even if i don't have a job right now? please help. thank you.

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Anonymous

Asked by Anonymous at 12:00 AM on Oct. 9, 2009 in Toddlers (1-2)

Answers (8)
  • I doubt they will take him just because you dont have a job as long as you are meeting all his needs i wouldnt worry ! But the dad will be orderd to pay child support ... GOOD LUCK!!!!!
    lizzysmom83

    Answer by lizzysmom83 at 12:04 AM on Oct. 9, 2009

  • he'll pay child support and get custody time reqyest that they are supervised while he is still an infant and good luck get a lawer!
    mirit.rose

    Answer by mirit.rose at 12:09 AM on Oct. 9, 2009

  • let him take you to court. You'll get your CS that way. He may not relieze that, so I wouldnt say anything to him about it. They will not take your son. Hes not being neglected or abused. Also many people dont have jobs right now, so I doubt they will target you because of that. good luck momma. and dont stress
    Anonymous

    Answer by Anonymous at 1:56 AM on Oct. 9, 2009

  • I have somewhat gone through this before. It depends on the state you live in..but I take it you guys weren't married? As long as you prove to be a fit mother (aren't hooking or don't have a needle in your arm) you shouldn't have much to worry about. In my state (IL) it is very hard for a father of a child to gain full custody of a child. They would have to have solid evidence and a shit load of money to spend on a very good laywer. It also wouldn't be a slow process. Judges see he said she said crap every single day. Was he ever concerned about the situation (you being a mother or having the kid) before you two were fighting? Judges usually see the child being played in like a tug of war fight, out of spite. All that matters is the fact you can provide simple needs for your child and you are a fit mother. He will probably be granted some sort of visitation and you will be rewarded child support. Try to be completely honest.
    LittleMissMe

    Answer by LittleMissMe at 2:18 AM on Oct. 9, 2009

  • the court system won't take your son away because you dont have a job, and he does ... you have clean clothes on his back, he's bathed , food in his tummy and clean diapers on his lil cute butt. and you have him in his own room like i do next time he sais it laugh at him and tell him to see you in court. they have to find you unfit to be able to do anything the most would be giving him weekend unsuprivised visits and if u get a chance if he comes home dirty or the father is late pickup or drop off keep a record of it of everything because you can take him back to court again to drop his visits down. take pix of anything you find wrong with your lil man to they help in court.

    oh and 40 hours a week with 17% of that Public assistance in NY has a 100 pass thru a month have him pay you directly via check or money order because they will mess it up even if your court ordered 200 a month (50 a week) you would get 100.
    kristi_prncess_

    Answer by kristi_prncess_ at 9:18 AM on Oct. 9, 2009

  • You are his mother...that is your child... in America now a days fathers are disposable... job or no job that is your child.
    tabarismom

    Answer by tabarismom at 3:47 PM on Oct. 9, 2009

  • If he's being took care of the way he's supposed to be, that's all that matters. My cousin is going through the same thing except the babys daddy is a drug addict but the court system here won't listen to nothing. They still allow supervised visits every week but he has not gained custody and he is required to take random drug tests. Also even though he was ordered to pay child support he has yet to do so. So even if he is ordered to do it, that doesn't mean he will. It's been beought in court numerous times and still no money.
    Anonymous

    Answer by Anonymous at 4:26 PM on Oct. 9, 2009

  • it's very doubtful they will take your baby unless you are an unfit mother. just because you don't have a job doesn't mean that you are unfit! your baby has a roof over his head and food to eat and clean clothing. plus you're drug free. as long as you keep doing what's right for your baby, i don't see him getting custody!!
    lovinthislife08

    Answer by lovinthislife08 at 4:28 PM on Oct. 9, 2009

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