My sister doesn't want her husband to steel her baby boy..?

Question

My sister has a three month old baby and is not happy in her marriage. She no longer has any feelings for the man and he is becoming more and more verbally abusive. He frequently wakes the baby with his yelling and doesn't care. He never puts the baby to sleep or has ever changed a diaper. He believes in spanking (when the baby is older) and my sister does not. She breast feeds exclusively and has never harmed her baby. She wants the father to continue being a part of the babies life. She will not leave her husband because he said he will take the baby. She is afraid he will convince the court because she dropped out of school in the 7th grade, she doesn't have a car or drivers license, or a job. She would be living with my parents in a large house, if she left. He has a stable job and is on his way to owning there house. She can't risk losing her baby no matter the consequences. What are the chances of him being able to take the baby away?

Answer 1

It's not "her" child, it's "their" child, so the father cannot steal the child.  If the parents divorce, custody issues will be decided by the court based on what is in the child's best interests.  As long as both parents are competent, courts are moving towards "joint custody".

Answer 2

I'm fifteen, and the same thing happened with my parents when I was a baby.

My mother left him, and it turned out his threat was an empty one.

It would be illegal either way for him to take the child, even though it is his as well, its still technically kidnapping if he takes it without permission.

I currently live with my Mother with visitation to my Father.

The only way the Father could get full custody of the child is if the Mother is unstable, and if they are both unstable, the Child goes into state custody.

Answer 3

Details of behavior aside, it's very unlikely that a court will award a contested custody of a baby to the father.  If she is in any way capable of raising the child, she will likely win custody.  He will be granted partial custody at best, along with frequent visits.

He will also get a nice support bill to pay.

As I said, that is irregardless of any claims of behavior issues, but it's worth noting that there is a lot of stress once a child is born, and your sister might want to give it some time before she takes any drastic measures.  The child is far better off in a proper home than not.