Question:

Married.and don't want to share custody of our 8 month old..As long as i don't file for divorce. ?

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Can he get custody?

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  1. Honey he can get custody whether you file or not matter of fact he can file and get full custody and make you pay child support to him and only get your child on weekends and holidays so get over being selfish


  2. with no divorce anything can happen.  No one has any "rights' over the other.  He could pick up the child and go out of state, or so could you, and no one can do anything about it.

    Hire a lawyer, get a divorce.  That way you have proof that you are the custodial parent.  Unless there is abuse going on, let the child see it's father.  You may not like this man, but that baby does.

  3. Yes.......he can beat you to the punch and file for custody.  Unless he is abusive to you or your child he will have some kind of visitation/custody schedule with you.  A child needs their father and to keep them away from a father whole loves them is wrong.  Children are not pawns and should not be used as such.  BUT .......if the father is being abusive to either you are the child....then by all means you need to get to an attorney ASAP and get custody. Good Luck

  4. I'm sorry but you have no say in this, unless he's an abusing, alcoholic, drug addicted job-less person.

    Only a judge can decide.  

  5. If he is not living with you - he will probably file himself if he's any kind of father.  Why would you want to keep your child from his dad?

  6. If you don't get a divorce and get a divorce agreement with clear guidelines as to who gets the baby when, there is no saying that your husband (because that is what he is) cannot come and take your baby on a little "vacation" for a few months.

    Think on that for a sec.

  7. Depending on your state laws either parent can get custody being married or not. If your separated he can come get the baby at any time and never have to return the child until you prove you have custody. My advice would be go get custody regardless! Other wise you could be in for a lot of heartache. Check with your state laws to see how it works for you.

  8. If your going to be selfish I hope he does get custody.

    You are depriving the child of one of their parents.

    The Judge will make the right decision.

  9. It does not matter whether you file for divorce....he might.  Plus why?  Do you care about your 8 month old?  If you do than he/she has the right to see their father.  As long as there is no abuse.

  10.   I'm sure you'll be wanting child support though.  Women like you make me sick.  If you don't want him to be able to any rights than you should not be entitled to support.  Daddy's are not walking checkbooks like some biter mom's think they are.  Oh and as long as there is no divorce and no formal custody arrangement he can see the child whenever he wants.

  11. He doesn't need a divorce to get an order for custody and visitation. You might need to talk to a divorce mediator to get a better perspective on how to deal with these issues. You obviously don't have a very good concept of how to "share."

  12. The best situation FOR THE CHILD is to have BOTH PARENTS in their lives.  If you refuse to allow him visitation, the court will see you as interferring and he can file an action against you.

    Don't be selfish!!  Allow the child to have BOTH parents!!

  13. I'm sorry but that is a little shady. Unless it has been proven that he is an unfit parent(which I don't think is the case due to the fact that you are asking this) then he has just as much right to be involved in the baby's life. While you may have carried your child, he is very involved in how it came about that you even have a child.

  14. Yes, he can get custody if he files for divorce.  Unless he is a negligent father he will easily get at least 50% custody.


  15. You can't keep the child from one of its parents (legally), but if you file for divorce you can get primary custody, and if you have a good reason he could be limited to supervised visits.

    EDIT: Also if you take the child out of state without court permission (or his permission) it could make it a lot easier for him to get full custody.

  16. Parent Alienation Syndrome is recognized in the courts as a form of abuse to the child.  I don't know what your reasons are for not letting the father be involved in this childs life....however if there is not a good reason....then you should not have custody because this is a form of abuse and is VERY wrong.

  17. He could if he takes it to court. Something else to think about: if he ever got ahold of your child, he could keep the child because there's no court order establishing custody.

    I know things look bad now, but try to save up enough and get a lawyer that will help you make things safe for your child.

    Good luck. :)

  18. bad move.

    are you just living apart or are you legally separated?

    if you are only living apart then when there is no formal custody agreement then the parent in possession of the child has all the control.  If you continually deny him access to his child then he can file for custody.

    if there is no formal custody arrangement then you can't enforce child support.  

    If you plan on using social services you will be forced to apply for child support and have to have a custody agreement drawn up.

    If he can prove to the court that you are denying him access to the child then now days courts call that "parental alienation" and will remove custody from you.

    Also he can always file for divorce if you won't.

    Your best bet is to make the first move and have your butt covered legally.

    get yourself a lawyer and discuss what it is you need to do.  

    Don't have any more children with men you aren't willing to share parenting with or who aren't fit to be parents.

  19. if he wants to see the child then he has every right to do so and a court will tell you the same thing. as a parent he has custodial rights to see his child unless he has done something to harm the child or he drinks around the child or something like that. filing for divorce has n;othing to do with custodial rights.

  20. Why do you not want your 8 month old to see his dad?

    Is his dad honestly a danger to your kid? If not then you need to let the dad be a part of his kinds life. If he is not fit to have visitation rights then the court will see that evidence and make the best decision they see fit for the kids sake. Not letting the dad in the kids life is not just hurting the dad its hurting your own son or daughter too. That would also make yuo a bad parent. File for divorce so they can also regulate what type of financial support you will get to help you guys out. Either way dont keep the kid from his dad unless you feel their life is in danger. Since you didnt specify that in your question Im guessing it's not that serious.

  21. if im reading this right...yes if he files for custody he has a chance to get custody or at least joint custody...

    anytime parents arent together its a good idea for there to b a court custody order..

  22. Not if you move to Calcutta

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