QUESTION

Can I get full custody of my unborn son?

Asked on Jul 03rd, 2013 on Child Custody - Nevada
More details to this question:
I am 7 months pregnant with my ex boyfriends son. We have had a pretty toxic relationship. Since I’ve been pregnant he has pushed me numerous times, has threatened me, kicked me out of the place we lived in multiple times, has taken my items like cell phone away sometimes, has dragged me to his closet and covered my mouth screaming in my face to shut up, has sent me text messages saying he doesn’t want anything to do with my son cause he is going to have my last name then the next day would be like I’m going to take you to court for my son. He verbally abuses me. He has punched me and choked me and pulled my hair before I got pregnant. I’ve called my friends and family multiple countless times crying and telling them things that have happened to me, he smokes weed time to time and always leaves me and stays out all night with friends. He has destroyed my property just because he was angry one day. Has had the police called on him before by my best friend and they escorted me out cause she was concerned for my safety. I could go on and on really. I wouldn’t feel safe leaving my son alone around him. I also have text messages of some of the things he has said to me and threatened me. But can I get full custody of my son do you think? Without having his biological father in his life?
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3 ANSWERS

Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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You have sole custody and placement unless he petitions the court for paternity and a court orders differently.
Answered on Jul 03rd, 2013 at 8:03 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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To the best of my knowledge, one cannot file an action to determine the paternity or custody of an unborn child. The very moment the child is born however, action to determine paternity or for award of child custody, child support, parent time, visitation etc. can be filed. Whether you will get sole custody of the child or have to share custody with the biological father is dependent upon many factors. If the biological father does not register with the Putative Father's Registry,and does not make any effort to establish his paternity through the courts, then he if you were to put the child up for adoption, you can have the baby adopted without a father's consent.
Answered on Jul 03rd, 2013 at 7:59 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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In Nevada, when parents are unmarried, the mother has custody and also has control over what visitation the father gets, if any. This remains the case so long as the mother does not abandon the child to the father, or unless and until a court rules otherwise. You really need to get a restraining order against your ex boyfriend, and have it extended as long as possible. You certainly have grounds, and you need him completely out of your life including not showing up when you are in labor or after delivery at the hospital, or when you are trying to take care of a newborn. And you should not reach out to him for anything for any reason. Cut him out of your life. If your ex actually wants time with the child, he will need to file in the court system and you can then object and state your grounds. Under the circumstances, it is very likely the court would only give him supervised visitation.
Answered on Jul 03rd, 2013 at 6:07 PM

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