What will happen if my Babies mother doesn't show up when she gets Subpoenaed?

Question

I was with a my babies mother until she was 6 /2 months pregnant. Things went sower and so I stepped away to give space. Now in August this months she had the baby, and has made it evident that she wants me to have nothing to do with her or my baby. I want to be apart of my Baby Girls live and I still want to support my babies mother, I have a lawyer and he said that I will be able to have custody, however my fear is this, what will happen if my Babies mother refuses to attend to the subpoena that my Lawyer is going to mail to her. Can she get arrested if she doesn't attend? I don't want her to got to jail!!! I still want the best for her. It's crazy I wasn't even able to be at my babies birth, and now I have to wait an extra month to even see my child, but nevertheless I would never ever want her to get arrested. If she was ever held in contempt in court can I say something to the judge to convince him to not arrest her. I'm just asking because I don't want anything bad to happen to my babies mother despite all that has happened between us.

Answer 1

She can be charged with contempt of court and get jail and/or a fine.  Why are you asking for custody, why don't you ask for partial custody if you don't want to hurt her.  Joint custody or visitation rights.  So both of you can enjoy your baby as the baby grows up.

Answer 2

Drop your lawyer because he's an idiot and no you can't get custody.  You probably can't even get shared physical (maybe legal) custody because you were never married. Unless she's an "unfit mother", and by that I mean doing drugs and being abusive, than the most you can hope for is visitation.  If she doesn't want you in the baby's life than she obviously sees something in you that makes her think you are an unfit father.  Ask her.  Or maybe you already know the answer to that question.

And she will show up to court... now that you have probably made her mad by suing for custody, she will now probably sue you for child support.  Don't think you can have your cake and eat it too!  And no, she will not end up in jail.  What type of advice are you getting!?  Your lawyer is preying on your naivity and taking all your money by giving you false hope and really bad legal advice.

And you didn't have a right to be at the baby's birth.  She's not obligated to legally... if you want to argue that you had a right morally that's a different issue and not for the courts to decide.

You need to have an honest, open, and MATURE conversation with the mother.  Both of you need to try to settle this outside the court for the sake of your daughter!  Go to counseling together if you have to.  But you need to realize that a baby should live with his or her mother.  DOn't be selfish and full of pride like so many other baby daddies.  In other words, don't make it about you!  It's always about the baby and both you and the mother need to come up with a fair and realistic visitation agreement... OUTSIDE THE COURTS!

If you truly want to support the baby's mother and be in your girl's life in a POSITIVE way, don't sue for custody.  You are right that she probably should have let you be at the birth, but obviously you've really hurt her somehow and when you give birth you want to be around people that love and support you.  She obviously doesn't feel you give her those 2 things.  Something went horribly wrong and you really need to stop and think how you can change the situation around.  This is a very vulnerable time for the mother... you need to be there as a support system and not trying to tear her down by suing for custody.