Filing for full custody

[Momofone123]

My son is 2 years old. I'm finally deciding if I am filing for full custody or not against my ex fiance. Before we had my son, he was very abusive. At one point he ended up breaking my jaw and I needed 2 surgeries to fix it. This is also around the time I found out I was pregnant. He was put on probation for it. He's still on probation for it for violating his probation and also getting a DUI. He never pays child support because he doesn't think it's fair he needs to pay it. He usually doesn't have a job and when he does it's an under the table job so they can't take the money out for child support. The only time he pays is when they take him to court and threaten to put him in jail. Then he magically gets the minimum amount of money they'll take and let him go.

He doesn't see my son. I used to have to force him to see him. And even at that he'd cancel more often than not. He doesn't even have a place anymore if he wants to see my son. He lives in literally a shack. It's a glorified shed. It doesn't have a bathroom or even running water.

My brother is a lawyer and is helping me with getting full custody. He told me that the court fee is $110 though. It's a lot for me right now. I just don't know what else to do. My ex keeps threatening over facebook(not directly towards me) that my son will be taken away from me and he'll have him one way or another. The only reason why my ex wants my son away from me is because I found someone new and I refuse to pay for my ex's probation(I paid for it for a while foolishly because I thought I was in love and needed him in my son's life). The guy I'm with now is very serious about wanting to adopt my son when we get married. It won't be for another 2 years though. I'm just afraid my ex might try to take my son away from me somehow.

Would it be worth the $110?

 

[chulie]

I am going to say a thousand percent yes. Even if it meant I had to eat Kraft dinner for the next year..........

 

[Dezireey]

Is his name on the Birth Certificate? Thats the big doozie there. If the Dad's name is on the birth certificate and he has some custody, that man can kidnap your kid and you can't get your child back without a court order as they are seen to have equal parental responsibility. I would say, from what you have posted that yes, pay the money and do what you can to get your child away from that man.

I am super, super glad I never put my LO's Dad's name on his birth certificate as this means I have sole responsibility and he is not allowed access without my permission ( not that he would he is a loser).

If there are any ladies on here about to give birth and the Dad has either gone or left you etc, I highly recommend leaving their names off the birth certificate. It's easier to add it at a later date if things all work out in the end but if you have yourself an abusive ex or someone out to get you, he can literally take your child off the street and the police can't intervene. You, as the Mother will have to wait and go through court to actually get your child back in your arms if he decides to do this. Just a caution for ya girls.

 

[Momofone123]

His name is on the birth certificate. We were together when we had my son. If you can even call what we were together though. Either way he would have been on it because I have daycare and health assistance. They made me file for child support when I applied for any assistance.

Is his name on the Birth Certificate? Thats the big doozie there. If the Dad's name is on the birth certificate and he has some custody, that man can kidnap your kid and you can't get your child back without a court order as they are seen to have equal parental responsibility. I would say, from what you have posted that yes, pay the money and do what you can to get your child away from that man.

I am super, super glad I never put my LO's Dad's name on his birth certificate as this means I have sole responsibility and he is not allowed access without my permission ( not that he would he is a loser).

If there are any ladies on here about to give birth and the Dad has either gone or left you etc, I highly recommend leaving their names off the birth certificate. It's easier to add it at a later date if things all work out in the end but if you have yourself an abusive ex or someone out to get you, he can literally take your child off the street and the police can't intervene. You, as the Mother will have to wait and go through court to actually get your child back in your arms if he decides to do this. Just a caution for ya girls.

 

[MommyGrim]

I would definitely spend the money; especially if your OH wants to adopt him.

 

[Ceejay123]

It doesn't sound like he's going to turn up quickly. Are you not entitled to legal aid to help with the costs? If not, I'd slowly save the money over a few months so that you're not skinting yourself. Finds finitely do it though. X

 

[ravenmel]

Find a way to get the money can't your brother help you out maybe lend it to you. Keep everything all the threatening emails and facebook meesages, textes etc, medical reports and police reports from when he broke your jaw. File for an injunction to keep him away from you, and if his stupid enough to keep emailing you off to jail he goes. Make sure you get a residents order for your son too, coz if he gets wind of what you're doing he might come by to see your son and not bring him back and without any orders to protect you he can do what he wants if his on the birth certificate, the police will say there's nothing they can do as his with his dad. If he breaks a court order that's a different story.

I would hold off on letting your new man adopt your son is it really necessary?

 

[ravenmel]

His name is on the birth certificate. We were together when we had my son. If you can even call what we were together though. Either way he would have been on it because I have daycare and health assistance. They made me file for child support when I applied for any assistance.

Is his name on the Birth Certificate? Thats the big doozie there. If the Dad's name is on the birth certificate and he has some custody, that man can kidnap your kid and you can't get your child back without a court order as they are seen to have equal parental responsibility. I would say, from what you have posted that yes, pay the money and do what you can to get your child away from that man.

I am super, super glad I never put my LO's Dad's name on his birth certificate as this means I have sole responsibility and he is not allowed access without my permission ( not that he would he is a loser).

If there are any ladies on here about to give birth and the Dad has either gone or left you etc, I highly recommend leaving their names off the birth certificate. It's easier to add it at a later date if things all work out in the end but if you have yourself an abusive ex or someone out to get you, he can literally take your child off the street and the police can't intervene. You, as the Mother will have to wait and go through court to actually get your child back in your arms if he decides to do this. Just a caution for ya girls.

Actually they can't take them off the street or snap the child from anywhere as that's classed as kidnapping, but if the mum hands the child over for a visit and the dad later decides he doesn't want to return the child and they are listed as dad on the birth certificate they are within their rights to do so.