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2 Bumps

If im going through a divorce but our child was born out of wedlock, what can i do to fight him from tryin to take my child???

we broke up bc he use to beat on me and he was very jealous. we married in Feb 2007 and sp June of 2007 and now he jus did his divorce papers in Dec 2010

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starrneil

Asked by starrneil at 12:04 PM on Dec. 24, 2010 in Relationships

Level 3 (20 Credits)
Answers (16)
  • it doesnt matter iof the child was born out of wedlock. HEs the father regartless. But if hes unfit to be a father and is a danger to you and teh child you have to file for sole custody.
    LittleBirdFly

    Answer by LittleBirdFly at 12:06 PM on Dec. 24, 2010

  • Do you have proof that he was abusive? That's really the ammo you'll need. The fact that the child was born out of wedlock, as long as he's the bio dad, has no relevance.
    musicpisces

    Answer by musicpisces at 12:06 PM on Dec. 24, 2010

  • As long as he didn't beat on the child then your both on equal ground when it comes to custody. If you are both requesting custody a judge will make the decision.
    matthewscandi

    Answer by matthewscandi at 12:07 PM on Dec. 24, 2010

  • the fact that he was born out of wedlock does not matter if he is the biological father...however you do have his violent history on your side because that would make him an unfit parent
    momofone725

    Answer by momofone725 at 12:07 PM on Dec. 24, 2010

  • 1. get an attorney
    2. Is the child's father name is the Bc? if he is he has as much legal rights as you do...
    3. get an attorney...
    gmasboy

    Answer by gmasboy at 12:07 PM on Dec. 24, 2010

  • Out of wedlock or not it doesn't matter. Is there records he's abusive? If so get copies and take those to court when the custody hearing is scheduled
    mommy_of_two388

    Answer by mommy_of_two388 at 12:09 PM on Dec. 24, 2010

  • Is he on the birth certificate? If he is not on the bc then he has no legal rights until he takes you to court. That would give you time to get counseling for yourself. Counseling isn't proof of abuse but shows that you reached for professional help and can use the testimony of your counselor in court. Either way use the counseling advise it will work.
    aitson

    Answer by aitson at 12:15 PM on Dec. 24, 2010

  • I will share with you what my attorney did with my ex...she said to him "If there is a big gaping hole in this woman's background there is NO judge in this land that will give you these kids" we have been divorced for 6 years now and my kids are still with me. Put this worry out of your head and focus on you and your kids. Never underestimate him always stay a step ahead of him. His kids will become pawns for him. DO NOT let that happen. Let your attorney do ALL of your worrying for you this is what you pay him for. DO NOT FIGHT, ARGUE OR DEGRADE him in front of your kids and do not let family or friends do the same, they will be going thru enough as it is. This man may currently be your enemy but he still is there daddy and they will not understand your anger they love him unconditionally. Your job is to reiterate to them no matter what happens between you two you both love them the same.
    nwaskie

    Answer by nwaskie at 12:28 PM on Dec. 24, 2010

  • Also it is not there fault. Children will take on that burden.
    nwaskie

    Answer by nwaskie at 12:29 PM on Dec. 24, 2010

  • The out of wedlock part means nothing as far as child custody. If he is a danger to your child, then you can seek to have him supervised when with the child. Good for you for getting out of an abusive relationship in the meantime!
    amybaby_19

    Answer by amybaby_19 at 12:33 PM on Dec. 24, 2010

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