Who will get custody of this baby?

Question

Okay so I have a friend who just had a baby boy On July 15th. He is now a month and some days old. He and the dad haven't been together since about two months after she found out she was pregnant. He hasn't been involved in the pregnancy a whole lot mainly because her and him don't get along. So she went into labor he was there with her the whole time, she ended up having a c-section he was there for that too and the first two weeks of the babies life when he wasn't at work he was with her spending the night and stuff so he could help watch the baby. So one day she got tired of him being there so she told him to leave and that he didn't need to stay over anymore this is about 3 weeks after the baby is born. He says okay and that he'll pick up the baby his next day off so he can spend time with the baby. My friend said no that he can't take the baby by himself. So he gets mad, very angry and stops talking to her.

SOME BACKGROUND ON HIM. He is 20 lives with his very wealthy parents. He is going to college and working.

So he has him mom start asking my friend when she is going to bring the baby by to see her son cause he was so tired of fighting with my friend that he figured it was the easiest way. So a week went by he's been paying her about 125 a week for child support but still wouldn't talk to her directly. So she was tired of his **** and left town for two weeks with the baby. When she came back she took the baby to see him and his lawyer served her with child custody papers. Knowing what's been happening between these two since she got pregnant can anyone tell me what they think might happen?

Some information you might want to know about them is this...:

She refused to let him see the baby alone since he was born, She is in outstanding debt, her license is suspended but she still drives sometimes with the baby, She lives with her parents, is on welfare not going to school works at marie calendars but is currently on maternity leave

He goes to school and work, lives with his parents also, about 9 months ago got his 2nd DUI, my friend suspects that he smokes marijuana and might have done other drugs in his past but she dont know for sure

So What are you guys thinking?

Answer 1

wow thats a tough one. I think his DUI and the fact he might do drugs will stop him from getting custody. She had good reasons for not letting him take the baby by himself. She needs to get herself a good lawyer and fight for that child. Good luck with everything. Hopefully the child ends where in the right place.  

Answer 2

I don't think full custody will be awarded to either of them.  They will probably get joint.  And she can not refuse to let him see his baby.  She will have to abide by any court order to let him see the baby...and if she decides to run off again for 2 weeks with the baby...he can press kid napping charges on her.

Answer 3

I think the guy definitely deserves to be able to see his child, especially if he is making an effort and is even paying child support without a court order. That says quite a bit about him, since a lot of guys refuse to pay child support even after a court order. Yes, him having two DUI's isn't going to look good on his behalf, but she apparently has broken some laws, as well, to have a suspended license. If he hasn't done anything to jeopardize the child and there aren't any violent crimes on his record, there is no reason why the court won't give him joint custody. The chances of them taking him from her are very slim, but if the court does give them joint custody and she takes off with the child without telling him she will get in trouble and it won't look good on her behalf.  

Answer 4

She'll get custody. They won't take the baby off his mum... They might have to share joint custody, but he won't get sole custody.

Definately not with a criminal record.

Answer 5

Custody papers doesn't mean he wants to take the child away, he wants to be able to SEE his son.

If he is paying child support and making an effort to try and see his baby she should be letting him.  He doesn't have to talk to her directly either..especially if it's nothing but fighting...who wants to do that all the time?

Answer 6

I think that they should both get over it and think of the baby and not themselves. more than likely they will get joint custody and have court ordered visitations for both of them. and as for her stunt in taking off without telling him she probably screwed herself and now even if she would want to move out of the town with the baby she would have to have his approved as well as the courts. (that happened to a friend of mine when his x took the kids away without telling him.)  I would tell her to try and make amends with this guy and work together as team raising the baby.

Answer 7

It takes a lot for a child to be taken from their mother! In most cases, custody is either shared between the parents, or the mother retains custody unless she is an unfit parent.

Regardless, he will still get some custody/visitation rights. He does have a right to see his child.  

Answer 8

I don't think the money has much to do with it except for the fact that a lot of dads don't have a chance to hire a decent lawyer. The marijuana isn't really a big deal, the DUI's are more serious. A whole lot of people smoke weed in the privacy of their own homes, but to be caught driving drunk twice is pretty bad, considering he is not even of legal drinking age. At least the mom has a job, the debt has absolutely nothing to do with custody.

I think what will happen is that they will have some type of split deal where the dad gets the baby every other weekend or maybe every weekend. There is no way, especially if she is breastfeeding that he is going to just get custody of the baby especially since he wasn't at all involved until the last minute.

It's awesome that he's paying her child support, and unless there is something about him being irresponsible or dangerous that we don't know, he should have every right to see his baby since he's the dad. I wonder what is the reason she doesn't trust him alone with the baby? He seems like he really cares and wants to be a part of the child's life, even if they don't get along. They should both be adults and tolerate each other for the sake of the baby.

I hope they can work it out.

Answer 9

i think i can understand why shes over protective the child was just born i think they should have shared rights and she dosnt know for sure if he smokes pot or not and they both dont sound like angles so i think they should both be responsible