QUESTION
Would my husband get custody of our baby?
Asked on May 08th, 2015 on Child Custody - Washington
More details to this question:
My husband is in tech school for the Air Force right now. He left me when I was 7 months pregnant and claimed he did not want me or our baby. Then he came back to me and now I am 9 months along and he is saying that he does not want me but he wants our child and can easily take him because he has a career and I do not yet. I am currently unemployed, trying to start college, living with my father in a great house fit for the baby. My husband has not been here or helped out the whole pregnancy until recently when he finally bought a crib and sent a little bit of money but I had to threaten to tell his CO to even get him to do that. I need to know, can he take my baby? Will the court think he is more fit because he is serving our country? If he does not take him now, can he take him later when he is older?
6 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
The best interests of the child is the standard to be used. I don't expect that Dad will get sole/primary custody.
Answered on May 11th, 2015 at 12:16 PM
4 Awards
Child custody is generally determined by the child's best interests. Under the facts you have described, you have pretty much been the sole caretaker for your infant and it would be very difficult for your spouse to take the child barring showing you were somehow unsafe or unfit. However, you need to start the divorce proceedings and get a temporary custody and child support order. An experienced local lawyer can visit confidentially with you more about the facts and your options. Best wishes!
Answered on May 11th, 2015 at 4:57 AM
1 Award
He will not get custody of a new born but will get visitation.
Answered on May 11th, 2015 at 4:56 AM
DUI Attorney serving Grove City, OH
at
Law Office of John G. Galasso
Update Your Profile
In Ohio, absent a court order contrary, the mother is the legal custodian of the child; If he can show your unfit, he might have a chance, but that doesn't sound like the case; You apparently have a good support system with your family in place already.
Answered on May 11th, 2015 at 4:56 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Children are not fungible goods to be owned or taken. Both parents have equal rights to the child. If you're getting a divorce or separating you need to file the petition with the court. You can then file a motion for temporary orders to establish a parenting plan and child support. Both of you have a duty of support and both of you have a right to spend time with the child. How that time is allocated depends on many factors. Get a lawyer so you get proceed appropriately and not get yourself all tangled up.
Answered on May 11th, 2015 at 4:55 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
He isn't going to be able to take your baby unless there is something other than what you have indicated as issues. The fact that he has a job and you don't is a basis for you receiving child support, not losing custody.
Answered on May 11th, 2015 at 4:55 AM