Unborn Custody/Child Support


#1

I would suggest you get a good attorney. Normally with an infant a father’s chances are slim to none of getting custody, but if you have record of the abuse there is a possibility that the courts may look at this.
Your will need to request finacial records to show what the current child support is being used for. Keep records of everything and start keeping a journal of events. I’m not sure about getting custody of the other children…that’s why you need a GOOD attorney. As far as the funds for this…I don’t know…You should also check out the www.f4j.com.
Joint physical and legal custody is not such a bad thing if it is followed and the parents can get along. Otherwise, it’s a decision you will need to make on whether your conscience can let you leave the child with her…
Hopefully, there will be more suggestions posted
Good luck to you


#2

As far as the other two children from the previous marriage, it’s doubtfull you would be able to get custody unless you actually adopted the children prior to now, and their actual father wanted nothing to do with them. If there is a saftey issue there that you COULD get a court to recognize, the court would probably favor the kid’s actual father getting custody over you, but, you also shouldn’t be held responsible for paying support for them. Stepmom is right about the unborn child, mom’s got a 99.99999999% of getting custody unless some act of God is involved. I would say that mom will probably get full custody, and you will pay support for the unborn child. Although it is completely noble that you want to continue being a part of the other two kids life, I don’t know if a Judge would grant visitation for them since you are not their paternal father.
Go to www.deltabravo.net for additional help and/or advice.


#3

Dear Attaboy,

I am sorry to hear you are going through this. You need to begin documenting this situation immediately. If other individuals are able to document this it will help you if you have a custody case in the future. This domestic violence is not okay and if you are in a situation where you are concerned for your safety you can seek a Domestic Violence Protective Order which will restrain her from being away from you for at least a year.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you for your advice. I have no intentions of custody of her children. The real father is GREAT and very aware and concerned about what she is doing with the kids emotionally when she gets them involved as well as what could accidentlly happen to them physically when she is attacking me. She has a past with verbal and physical abuse with him as well. I have documented many things but won’t it be just my word against hers?


#5

Keeping a documentation, including pictures or recordings if possible. Contact the police and get a copy of the domestic violence charges previously. Her children’s father may possibly play a role in this also if there was a history of abuse with him too and there was never any counseling done, the courts could see a pattern. With your child being unborn I’m not sure what the courts could do but you will certainly have a better chance of getting custody with documentation and witnesses or character witnesses than with nothing at all.


#6

Dear Attaboy:

Greetings. Yes, it may be your word against hers unless you have recordings or writings. However, if you keep records, that usually shows the court that something was going on - especially if your records are believable. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#7

My wife and I have been married for 8 months and two weeks ago found out that she is pregnant. She has two children from a previous marriage that live with us part time which I love to death. During our married she has been extremely verbally and physically abusive towards me often times in front of her children. In fact she will get them out of bed or bring them into the room during our disagreements to lie to them and tell them bad things about me that are untrue. The kids have seen her push me down the stairs, punch me in the head and throw things at me. We