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Am I in danger of losing my child?

I am a great mother of two. I do everything I can to make their lives as fulfilling as possible from feeding them organic, home cooked meals, to daily reading and limited television. But I am about to go into a court battle for the custody of my 9 week old son. His father and I split on bad terms before the baby was born and now he wants to take him from me. I have hired a lawyer and he has assured me that he has no grounds to win, but how scared should I be? does he have a chance in this day and age? has anyone been through this?

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Asked by missv66 at 12:03 PM on Dec. 8, 2008 in General Parenting

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Answers (6)
  • He will have to prove you unfit to get the child. Barring that he doesn't have much chance. As long as you can provide a safe, loving home with all the necessities.

    Answer by GrnEyedGrandma at 12:08 PM on Dec. 8, 2008

  • Obviously, in the end its up to the judge. That said, generally courts do not like to split up siblings and they don't like to take newborns from their mothers. Fair or not to Dads (because it stinks being the one that is given a disadvantage) they basically have to prove you're unfit. I know you're stressed out and scared - you'll make it. Good luck Momma!

    Answer by Serafyna at 12:08 PM on Dec. 8, 2008

  • He probably won't get the baby from you but, he could get joint custody and liberal visitation. Some men just try the court thing so they don't have to pay child support.

    Answer by matthewscandi at 12:11 PM on Dec. 8, 2008

  • Courts ALWAYS side with the mother in custody issues, UNLESS their is DOCUMENTED complaints of abuse or neglect. Meaning your ex can SAY anything he wants, it means NOTHING unless he can show PROOF.

    Just keep doing what you are doing in the best interest of your children, and everything will work out in the end. Good Luck!

    Answer by LoriKeet at 2:47 PM on Dec. 8, 2008

  • I've dealt with the family court custody issues as a step parent and the dad seldom wins. First he has to prove your unfit as in a nut case with a shrink to back it up (as in a psych eval) or that you beat the kids, starve them, stuff like that. If your not on drugs, not mentally unbalanced, haven't abandoned them before, don't have a cps case going, haven't been convicted of offences that pose a danger to children most he will get is eow and some holidays. Since the baby is so young he might not even get over nights. Burden of proof is on him. If he appears angry in court and your calm that is in your favor. There is always a chance he could get more but judges don't seem to want to separate mom's and babies. Good luck.


    Answer by babyfat5 at 3:36 PM on Dec. 8, 2008

  • Only if you are proven to be unfit. Still anymore the courts usually favor the mother. If you lawyer is almost positive then you will be fine.

    Answer by watersgirls at 4:54 PM on Dec. 8, 2008

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