My 6 month old's father is confusing me

@Tatsuya (1149)
United States
December 4, 2006 10:44am CST
I was engaged to this guy, found out I was pregnant. He said he wanted the baby, but when I was 6 weeks pregnant, he broke up with me, kicked me out of his house, and hasn't called in months. I had the baby, and then all of a sudden he shows back up saying he wants to take this child from me. I don't think he has the right. First of all, he has a history of violence, which I didn't know about until after I was pregnant. I don't believe in abortion, so that wasn't an option for me. As for adoption, I couldn't let my baby go. He is trying to fight me for this baby, even though he wasn't around when I went into premature labor 3 times before I had her 2 months early. Oh, and I also found out, at the paternity hearing, that he married someone else. What do you think of a guy like this? What should I do? He also says he has a lawyer, and I can't afford one.
6 people like this
35 responses
• India
4 Dec 06
IMMEDIATELY INFORM POLICE
@Tatsuya (1149)
• United States
4 Dec 06
He has his court case coming up for what he did when he was younger. They waited until he was over 21 to try him for the crime. Only thing is, his court date is after my child support one. I don't know if the police could do anything about him just calling me, and he has been proven father of the baby.
• United States
5 Dec 06
He's harrassing you. You could go to the cops for that. You need to find the money to change your number because that is just annoying. Good luck.
@Tatsuya (1149)
• United States
6 Dec 06
Yes, I know. Thanks for responding.
@lucy02 (5016)
• United States
4 Dec 06
You really need a lawyer since he has one. Generally a mother is favored in a case like this but lawyers know how to work the system.
@vickilee (136)
• United States
5 Dec 06
Petition the court to make him pay for your legal expenses. He is the one bringing the case, and if you can't afford a lawyer, they will probably make him pay all or part of your legal fees.
@Tatsuya (1149)
• United States
5 Dec 06
I know, but the thing is I can't afford one. I'm worried that since he has one that I may lose or he may be able to take the baby for long periods of time. Any suggestions on how to get a lawyer?
@Tatsuya (1149)
• United States
5 Dec 06
The thing is though, that I started the whole child support thing, and now he has a lawyer. He is married to a woman who doesn't even want kids. I'll be darned if I let my baby go over there. Can I still get a laywer even though I wanted to do the court thing?
• United States
14 Dec 06
You really are in a tough spot. You can't keep him from seeing the baby since it is his baby. Even if he wasn't there, or is a jerk..He still has rights to be the father. I'm sure you won't lose custody, but you will have to give him visitation.
@Tatsuya (1149)
• United States
15 Dec 06
Yes, but I also heard that there can be supervised visitations, so I'm hoping for that. Thanks for responding.
• Romania
4 Dec 06
that guy is a major assh*le!!!!!!!!!! try and do your best to keep the child away from him!
@Tatsuya (1149)
• United States
4 Dec 06
I do, he hasn't seen her since she left the hospital. She was 2 months early, and all he does is call now. He got my number illegally, and I want to get my number changed, but don't have the money for that. He got mad at me when I went for child support, but I don't care. Thanks for responding, and I hope the judge will say that he has to pay child support, but can't see her. That is possible, thank God. Or is he can see her, I want it to be supervised. Thanks for your help.
• United States
5 Dec 06
call legal aid and see what they can do for you they do it for free and be strong he cannt take your childed from you with out cause if you have proof of the violence or can get it do it and have it for court it will help you but be strong i have faith in you
@Tatsuya (1149)
• United States
5 Dec 06
I don't know if I can get proof of it, but it is in his background that he did his horrid acts. Like I told someone in an earlier post, it was 2 counts of assault and battery with a deadly weapon resulting in serious bodily injury. I think that with a judge seeing this on his record, that the judge won't let him see his daughter without being supervised. I will call legal aid in the morning to see if they can help. Thanks for responding, and I'll let you know how it goes.
• United States
5 Dec 06
if im correctyou should be able to look it up on the internet not sure what the site is i also dont know where you are but try looking under the city your in or the city he did it in then you should be able to print it right off the site and if you know the wifes name chances are if shes with him she might have a past too look in to that it could help you in this also has he payed child support if he hasn t thats a good thing and does he have other kids and is he taken care of them and whem u get a lawyer tell him everthing good luk and keep me posted e mail me anytime
@faelady (161)
• Canada
15 Dec 06
If you live in North America, there are support groups out there that provide free or subsidized legal aid to woman in your situation. Good luck!
@Tatsuya (1149)
• United States
15 Dec 06
Thank you, I will see if there is anymore in my area. Thanks for responding.
• Australia
5 Dec 06
Me again, I found this website for you to check out! Its called: Free Legal Information www.legal-definitions.com not sure if it will help, but you never know... keep looking on the net for Free Legal Aid... good luck
@Tatsuya (1149)
• United States
5 Dec 06
Thank you, I will look at the site right now. I appreciate all your help.
@tamra2 (259)
• United States
6 Dec 06
Have you actually received anything from the father's lawyer? A letter? Or did you just hear it from your ex? This sounds to me like a revenge situation. He is mad that you filed for child support and had paternity proven, so he decides he will take the baby and not have to pay child support. I seriously doubt he has even spoken or consulted with an attorney. The issue of custody will not come up at your child support hearing. He may try to bring it up but the judge will not consider it. That is a seperate case and will require your ex to sue you for custody. Which means he will have to file (or have an attorney do so) the appropriate paperwork with the court. You would then be served with notice telling you what the case is, who his attorney is, when to be in court, and which court will be hearing the case. He will then have to prove sufficient grounds for removing the child from your custody and prove that he would be the better parent. From what you say of his background and yours, he has very little chance of proving you unfit, much less that he would make the better parent. This guy is just trying to scare you. Keep researching, and talk with legal aid, so that you can be prepared for anything he may try to pull. But I would not worry too much over the situation, the guy really has no grounds for custody whatsoever.
@Tatsuya (1149)
• United States
6 Dec 06
I went to the Pro Bono office today. They took my application and are trying to see if they can get me an attorney. I also need one because of his violent past. I want the visitations supervised if any are granted at all. Thanks for responding!
@BrendaA (365)
• United States
5 Dec 06
He is a jerk. Do not let him have your child. If you cannot afford a lawyer seek assistance. Get whatever you can get as far as help. This guy has no feelings except for himself
@Tatsuya (1149)
• United States
5 Dec 06
I feel the same way. I just find it strange that after my daughter was born that he just shows up out of nowhere. I just found out today that he moved about 2 hours away. That doesn't make me feel any better either. Thanks for responding.
@emarie (5442)
• United States
5 Dec 06
HE HAS NO RIGHT to do that to you, and then try to take your baby after kicking you out of the house!! FIGHT HIM! you seem to have a good case, lawyer up and tell him about his history of abuse, find the people who he's been abusful to or family or friends who know and seen it. mothers have more rights, especially if you're clean with no record. if you're a good mother you shouldn't have much to worry about. just fight it with whatever you want...no judge in their right mind would allow the baby to go with someone who just says they want them without even being there for him!!!
• United States
5 Dec 06
I don't think he should have any paternal rights, period. He gave that up when he kicked you out and turned his back on you when you were pregnant. He hasn't been there for the child thus far, he shouldn't have any rights as a father because he isn't one. He was a sperm donor at best. I would contact some local lawyers and see if any of them handle family law probono cases. (meaning free or cheap representation) If you can't find someone to represent you for free, you may be able to seek some free legal advice that you can use to help represent yourself. Do your homework, research your parental rights for your state and county. Gather as much tangible information as possible regarding dates, times, occurences and proof of his violent tendencies and your past history with him. Gather as much proof as you can now, record your phone conversations with him and document face to face meetings with him as best you can. If he takes you to court, use it all against him. He abandoned his pregnant fiancee, turned his back on her while she fought to successfully carry his child full term alone, and turned around and married another woman and shows up out of the blue demanding his child. I think not. In cases like this, the mother is always in a more favorable light. Take heart, keep the faith and do the best you can. Best of luck to you and your baby! :O)
@Tatsuya (1149)
• United States
5 Dec 06
I just got a number for Probono lawyers, so I am trying to contact them right now. No one is answering right now, but I left my contact info so they should call me back. Thanks for your ideas and help.
• Anguilla
5 Dec 06
Sweetie i am so sorry to hear that. Once you are a good mother and the child is being taken care of and is healthly and not forgetting that you are in a stable environment that you should not have anything to worry about
@Tatsuya (1149)
• United States
5 Dec 06
Well, I have a roof over my head, food in my house, clean diaper, clean clothes, and a lot of love to give. I think I'm pretty stable, and I haven't been moving around like he has. Thanks for responding, and I hope it all works out for me in the end.
@krankies (811)
• United States
5 Dec 06
Normally the mother is the first choice, get yourself a lawyer for child support and all the back expenses he will have to pay for the cost of your lawyer. Be on your best behavior your childs life is depending on you! You need a lawyer!
@Tatsuya (1149)
• United States
5 Dec 06
Yes, I realize I need a lawyer, and I talked to a ProBono office that supplies lawyers for low income families today. I have an appointment with them tomorrow at 3:00pm to discuss how to get one for my case. I hope I can get one in time.
@nicelyrom (521)
• Philippines
13 Dec 06
the baby should be in the custody of the mother until his/her 7th year. besides, you're not married right? you are 90/10 have the right to have your baby.
@Tatsuya (1149)
• United States
14 Dec 06
Thank you. I know that he can't have her for an overnight until she is 3 or 4 years old, and that makes me feel a little bit better. Thanks for responding.
@katyzzz (2897)
• Australia
22 Jan 07
He's a rat of the worst possible kind. Let's hope he is not successful. It's your baby, not his.
@pinkypop (662)
• Philippines
5 Dec 06
That guy is such irresponsible to left you behind for months and not even had the nerve to communicate you and then, what, all of the sudden he just pop-out somewhere just to take your baby and now has married someone....hello he is a devil! A very irresponsible and cruel DEVIL!!! If I were you, I will seek an attorneys advice and protection. He has never been a father to your child. In our country, children below seven (7) years old are under the custody of their mother and then after the childs 7th birthday, then thats the time wherein the child will have to choose as to who he / she wants to go with ... either to his / her father or mother.
@Tatsuya (1149)
• United States
5 Dec 06
Yes, he pretty much just called after my daughter was born and said he wanted to see her. He hadn't been around for my entire pregnancy, and just showed up after she was born. And he got my phone number illegally from a friend of his who worked as an EMT and the hospital I had the baby in. I can't prove this unless I have him saying who it was and when. Thanks for responding.
@gabs8513 (48686)
• United Kingdom
11 Mar 07
Well I see this is a while ago that it was written so I do hope that you still have your Baby and that he lost the case. I guess he only got married to have the Baby, but he obviously was carrying on behind your Back when you where with him.
• Philippines
5 Dec 06
that guy is totally irresponsible!!dont give the baby to him, and the law states that the mother takes care of a child until he/she comes to a certain age when he/she can decide for him/herself.so fight for your right
@Tatsuya (1149)
• United States
5 Dec 06
I plan to. I am just worried that since he has a lawyer, that he will get a chance to see her more than I want him to. He is also wanting her to have his last name, even though he doesn't see her. I don't want her to have his last name. Any thoughts on how I can have her keep my name? Thank for responding.
@vinaykant (812)
• India
5 Dec 06
dont worry about any think no one can take yourbaby from you. There is rulesfor it you just hav to complaint about it in human rights or women care and they will help you. Your baby is 6 month old sono one can takethe baby from mother till age of 6.
@Tatsuya (1149)
• United States
5 Dec 06
Really? Well that makes me feel a little bit better. I know that when she is 3 or 4 she can go for overnights, but she probably won't want to. Thanks for responding.
• United States
22 Jan 07
Don't worry. He doesn't have any right. I believe the child belongs to the mother until the age of 7, depends on the country, then the child can decide. There are pro-bono lawyers you should get him to pay child support. Don't let this fool scare you.