Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!

Who gets the child before court arrangements are made?

Posted by on Feb. 12, 2013 at 3:06 AM
  • 12 Replies


not the most positive question, but maybe you ladies know.

When a couple decides to separate.... if the law where to get called out, maybe because one parent wants to take the child with them and they can not agree on who is taking child, even if it be for just that first night or what not.... who do you think the law would let the child (baby) stay with? Im thinking mother... but idk. Again im referring to as in before a court date could be set up.

I Feel bad that my thoughts are on this trail tonight, but part of me knows its something realistic that could happen due to recent events. So thanks ladies.


Anyone had an experience like this? what happened. I have a feeling dh is going to get booted out soon by myself, or my family.... defending me and seeing me get constantly disrespected.... or hes just going to be a child take the easy way out and leave himself.

i wont get into details, but anways... anyone know? thanks.



i hope it was okay to join this group, im not a single mom yet... but i think i will be soon. that scares me, but i guess i got to do what i got to do.


Posted by on Feb. 12, 2013 at 3:06 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies:
ttcwlee_18
by New Member on Feb. 12, 2013 at 3:07 AM

And to make clear, im refering to him going all angry and saying hes not leaving without our two month old and trying to take her the moment of us seperating....

victoriangavin
by Member on Feb. 12, 2013 at 9:54 AM
1 mom liked this
Is she breastfed? At two months I would say she needs to stay with you. At that age the only person a baby has a true bond with is the mom and that's who she needs. Before ya'll kick him out get emergency custody of her so he CAN'T take her. Don't tell him that you are doing this either... Good luck!
Posted on the NEW CafeMom Mobile
MamaBeaus
by New Member on Feb. 12, 2013 at 11:19 AM

i dont know where what state you are in, but in my state you can't legally kidnap your own child and you can't keep a parent from their child.  If he takes her and she is breastfeeding you legally can go and get her at any time and he can't refuse you the right to take her.  If he hides her from you, you can call the police.  It's not a great solution, but it's what works. 

Also, the FOC normally doesn't like to see the minimizing of any parent.  If he tries it will reflect poorly on him and give you favor. 


michiganmom5150
by Bronze Member on Feb. 12, 2013 at 11:53 AM
They get a temporary custody agreement. You both sign it, it has visitation or whatever. If she's that young, I'd say you would. If he won't agree, a mediator would help you decide.
Posted on the NEW CafeMom Mobile
JW0618
by New Member on Feb. 12, 2013 at 2:56 PM

There is a group called "Untying the Knot", you should check it out

brieri
by Platinum Member on Feb. 12, 2013 at 3:53 PM

 Hi and welcome to the group.

The child is most likely going to stay with mom.  Sometimes though, the dad may have the child because mom leaves and doesn't want to stir up the situation more.  Generally the child is left in the hands of the dad.  That's just temporary til you both go to court and things change - perhaps getting visitation either side. Good luck.

girlnextdoornco
by New Member on Feb. 13, 2013 at 11:33 AM

 Oh momma! I'm sorry this is what your facing with your LO. Praying for you.

hugs

faerie75
by Ruby Member on Feb. 13, 2013 at 12:37 PM
I say whoever is staying in the home. But really the law will tell you they can't get involved because you have equal rights until a CO in my state.
Posted on the NEW CafeMom Mobile
faerie75
by Ruby Member on Feb. 13, 2013 at 12:38 PM
If that happens tell him no and if he gets crazy call the cops for that reason. That's not in a kids best interest.

Quoting ttcwlee_18:

And to make clear, im refering to him going all angry and saying hes not leaving without our two month old and trying to take her the moment of us seperating....

Posted on the NEW CafeMom Mobile
jenmomx3
by Member on Feb. 13, 2013 at 2:09 PM

 What age...I think infant automatically goes with mom...but its something that you fear, have the child somewhere else when dad gets kicked out...like out for ice cream with Grandpa...that way you don't have to worry about it.  Before a custody agreement is in place neither of you have custody.

Add your quick reply below:
You must be a member to reply to this post.
Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!