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Alright, rights as a mother against my sons dad.

Okay my son in 7 months old. His dad and I were never married we lived together and we dont have a court order of any custody stuff. My ex threw me out and tried to take my son away because he knew I had nowhere to live (my son was 4 or 5 months at this point) and well I got on my feet fast when I got thrown out and I took my son back, we been trading him off every four days for the last few months and its just turning in to hell. I freak out everytime hes gone (hes father use to threaten to leave to another state) and my ex has seizures... SCARY. he also has a drug charge pending... he has him around so many people I just want to meet and he wont let me. not even his new girlfriend. He treats me like crap and was never their for our son till I left. and I still think his mom raises our son. Well Im going for full custody and Im scared to let him see him till im done with court... Can he do anything to take him from me??

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Asked by pixiestixz2626 at 8:39 AM on Jan. 9, 2010 in Babies (0-12 months)

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Answers (6)
  • I don't think he could. Also his seizure disorder can also play in your favor. According to some states and laws, if you ex has them bad he can not be left alone with the baby. Cuz its a danger to the child. I hope this info helps. GL! Also the drug charge, yeah it won't go so well for him.


    Answer by soonmommyof3 at 9:02 AM on Jan. 9, 2010

  • yeah he has frequent seizures. but the medication hes on stops it, but if he misses a couple he will have it

    and he wasnt very responsible taking it when I was around so I just dont see why he would change

    Answer by pixiestixz2626 at 9:16 AM on Jan. 9, 2010

  • My dd is in a similar situation. There is no custody established yet, therefore whoever has the child is the one in control. You don't legally have to let him take your child, but when he has the child, he doesn't legally have to give him back!! Be careful! I'd keep your child until everything is seattled in court. My dd's x wanted to see my granddaughter, my dd let him. Well, he took her 1,000 miles away without even telling us!! The police couldn't do anything, they told my dd to get an attorney and go to court for custody...that could take months!! My dd got in her car drove the 1, 000 miles, found her baby sleeping with her x, snuck in and took her baby back!! That was the only way to get my granddaughter back! Now I will die before that man sees her again! Just be very careful, in cases like can not be nice! PROTECT YOUR BABY!

    Answer by robyann at 9:52 AM on Jan. 9, 2010

  • Oh and my dd's x was on probation in another state, and was just convicted of a drug charge....still the police did nothing!!

    Answer by robyann at 9:53 AM on Jan. 9, 2010

  • Ever heard of the phrase: "possession is 9/10ths of the law"? What that means is without a court order, the one who has the baby is the one who has custody in the eyes of the court come court day. If you have him on that day, it is more likely that you will maintain having him. If you don't you may lose. I would strongly recommend that until you have court DO NOT LEAVE THAT CHILD ALONE WITH HIM!!! EVER!!!! If he takes him, which he could...there will be NOTHING you can do to get him back. There is nothing ordered in any court at this time to say he can't so therefore he (and you by the same token) can do whatever he wants. The only way you can stop it at this point is to never allow him to have the baby. Not even for a second. Be very careful. Once he knows you are going after sole custody, he will make some type of attempt at keeping him. Do not allow this to happen! If you hand your baby to him and he refuses to give...

    Answer by Babylove76 at 1:10 PM on Jan. 9, 2010

  • ....the baby back to you and you call the cops, they won't do a thing about it because there is no court order to say he shouldn't have the baby and you should. It will be called a civil matter and to take it to court. This is where people get really trapped and make many mistakes regarding their children and often it is the wrong parent that has the child come court day and the courts look at it as Oh, well this parent has been doing ALL of the caring for the baby so they are the better parent to have the baby when often this is simply NOT TRUE!! I have been down this road 1,000 times and am willing to talk if you want to, PM me. GL!!

    Answer by Babylove76 at 1:13 PM on Jan. 9, 2010

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