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He wants full or 50/50 custody. Does he stand a chance, due to my financial situation?

post #1 of 15
Thread Starter 
I'm married but separated from my husband. My husband and I are both getting along very well and the divorce is imminent, though neither of us have the money to file for anything legal right now. We separated 7 months ago.

Two months ago, I started dating a guy, who, basically, pressured me into sex, though I wasn't ready for it. (Think bad of me, if you must, but he was very in love with me, treated my son well, and was buying me groceries when I had little or no food in the house. I felt indebted, but not I realize I was just stupid.) It only happened a couple times, two different kinds of birth control was used, and I'm not supposed to be able to physically get pregnant (at least without doctor's help!) anyways. I got pregnant- tomorrow I will be ten weeks.

My boyfriend was becoming more and more controlling, to me and my teenage son, and, though it was never aimed at us, he did throw several "tantrums", yelling, cussing, basically being verbally abusive towards people who pissed him off, in front of me and my son. He'd admitted to being verbally abusive and violent in the past, with former girlfriends, and he's admitted to being verbally and physically abused by his parents as a child. (He's stated several times that he does not want our child to ever be alone with his Mother, because of these reasons.) I dumped my boyfriend because of his behavior. Unfortunately, this was after I found out and had told him I was pregnant.

My exboyfriend is FURIOUS that I dumped him, FURIOUS that I won't stay with him so he can raise the baby, FURIOUS that I'm no longer doing whatever he tells me to do. He is threatening to file for full or at least 50/50 custody of the baby, when it's born, on the basis that "I'm not financially capable of taking care of a child" and on the basis that "I'm emotionally unstable because I dumped him when I found out I was pregnant, even though everyone knows, children need their fathers".

I am NOT financially stable right now- I'm paying 3/4 of my income for this apartment, a one bedroom, that me and my son are staying in. (My bed is currently in the walk-in closet, my son has the bedroom.) I make too much for Food Stamps and Section 8 is currently on a freeze, not accepting any applications. (Anyone already on the Section 8 waiting list has an estimated 3 year wait.) It's very likely that when my lease runs out in January, I will not be able to afford to stay in this apartment (even if I do, three people in a one bedroom apartment?), and may end up in a Woman's Shelter. I sometimes do not have enough money for food (this may change, once the baby's born- another person to add to the Food Stamp application), I can't afford cable and the only reason I have a phone right now is because I'm still on my husband's plan until it runs out in January. I do have a steady job, Mondays through Fridays, no earlier than 7:30 am, no later than 6 pm, only in 8 hour stretches. I am a preschool teacher. Due to state cuts, financial assistance for families who can't afford daycare is also being cut. I go month to month with a 0 balance in the bank (after rent, food and bills) and I have no credit card, no way of getting one. He's not gonna let me move back to MA, where my family and support system is, my only support system is my husband (soon-to-be ex, when we can afford it) and his family. (My husband knows about the baby, is thrilled for me- knows how I've wanted a baby forever- and will be helping as far as seeing who can give me baby assesories. His only concern is that he not be held financially responsible for the baby, since he is not the biological father, though he will be the legal father at first. The divorce is still in the plans, though neither of us have any money, and he has stated that he hopes to remain considered part of the family by me and my son, and an honorary uncle to the baby.)

My exboyfriend has a job, but it's crazy hours, 6 days a week, never the same 6 days. Some nights, he works until 9pm. He lives about 10 miles away, but neither of us have a car, so to get from one house to another, there is a 10 minute train ride and then a 45 minute bus ride, with transportation only between 7am and 11pm. He also lives with his mother (in an illegal boarding house), smokes pot (and sells, but never holds enough to get in trouble if he gets caught). Besides the potential for verbal and physically abuse, he has threatened to take the baby from me, possibly to his other "home" (which would be Canada and Greece), if I don't "cooperate and let him parent". (Side note here, I don't want to keep him from the child, but I don't trust him taking the child or being alone with the child.)

Would he stand a chance of full or 50/50 custody?! If I end up in a Woman's Shelter, or my current financial situation, would that stand against me? Would my being still legally married to my husband, or still friends with my husband affect custody, or the lack of family support system in NY, affect custody? Yes, I am looking to get a lawyer, I know everyone's gonna suggest that, but it's hard to find free legal aid in this area- nobody's poor in this area. He takes my baby, if not right away, he will be verbally and possibly physically abusive towards it, he will leave it alone with his mother, he will throw tantrums in front of it, which I believe would be emotionally abusive to the child, and given the way he's been talking to me about my decision to leave him, it's very possible he may try to turn the child against me, telling it how selfish I am, taking it's daddy away, etc. Anyone have any advice?
post #2 of 15
So much going on, but take a deep breath.

You're married - the presumed father is your husband. Legally speaking, this lame guy has no claim to the baby b/c he isn't the father in the law's eyes (even if he actually is, the law won't see it that way - until its proven through paternity which he can't do until the baby is here - approx 30 weeks from now).

Move home. Cut off all contact with this guy. Deal with him later.
post #3 of 15
Quote:
Originally Posted by thyra View Post
So much going on, but take a deep breath.

You're married - the presumed father is your husband. Legally speaking, this lame guy has no claim to the baby b/c he isn't the father in the law's eyes (even if he actually is, the law won't see it that way - until its proven through paternity which he can't do until the baby is here - approx 30 weeks from now).

Move home. Cut off all contact with this guy. Deal with him later.
I agree, if your husband will allow you to move home then do it now.
post #4 of 15
Thread Starter 
My husband's not the problem. We get along great, he's the only dad my son ever knew, I'm still close to his child from his previous marriage. He's been alot more supportive of this situation than I expected anyone to be and has been a valuable resource as far as helping me find the information I need for WIC, (hopefully free) legal aid, etc. He's even asking his former divorce lawyer (semi-friend of his) for as much legal advice as she can give him for free, regarding the situation. His only concern is he's gonna be, by default, the legal father, until he signs an affidavit of denial of paternity after the baby's born. Fair enough- he can't afford it, and he doesn't want to be responsible for another man's child. If I'm on any kind of government assistance when the baby is born, they will go after him for child support, until everything is settled. The problem is, I don't have the money to move back to MA, and I will be in an even worse financial situation if I move to MA and some stupid judge orders me to move back to NY, which I've been told is possible, since the baby's father has no car and license, and that would be taking the child away from it's father.
post #5 of 15
I don't think he has any legal standing at this point. Since you are married, won't he have to order a paternity test to get his name on the birth certificate? You don't want to keep the baby from knowing him, but this man sounds like a loose cannon and you need to keep this in your territory as much as possible. There could be an issue with social services going after your husband for support, depending on the state and what kind of services you apply for. Other than that, it sounds like your stbx might be willing to help you get into a more stable situation. I suggest calling a dv shelter to get a perspective on how others have dealt with similar situations.
post #6 of 15
Your STBX takes a paternity test to prove he is NOT the father and you tell the DSS people that you don't know who the father is. Then they don't know who to go after and it gives your "BF" no rights. he will have to file for a paternity test. All of that takes time and effort. This could all be a year from now mama.
post #7 of 15
You won't lose custody because you are poor. Just show you can provide shelter and food. If he is abusive there is probably a woman's shelter that can help you. Call lawyers until one agrees to work pro-bono. Don't give up.
post #8 of 15
There is no baby (legally) for another 7 months. Beg, borrow or steal the money to get back to your family where you will have support and better financial possibilities. The fact that you can't afford food (totally unhealthy for a pregnant woman) gives you a perfect reason to go, now. Your baby will be born in MA and be a legal resident of that state not NY. This is not the same as moving a child to another state after a separation because it can't be argued that the child's home is really NY and that you changed that. Document and collect "proof" as much as you can in order to show that your child's father is not safe. It should take a little while to sort out all the paternity stuff AFTER your baby is born (hopefully a little more than 6 months) and by then you will have the established relationship and the child's home will be MA. Collect as much evidence as you can, break your lease and get out of dodge this summer (so your son can start school fresh at the beginning of the year).

The laws for out of wedlock births in MA - which this will be after you and your stbx straighten out the paternity/marriage stuff.http://singleparents.about.com/gi/o....gl-pt2-toc.htm
post #9 of 15
Oh...and btw- I am THRILLED for you. I remember how you wanted another child and your stbx didn't and then the heartbreaking separation from your dsd. Eventually this is all going to be just awesome for you!
post #10 of 15
Quote:
Originally Posted by PoppyMama View Post
There is no baby (legally) for another 7 months. Beg, borrow or steal the money to get back to your family where you will have support and better financial possibilities. The fact that you can't afford food (totally unhealthy for a pregnant woman) gives you a perfect reason to go, now. Your baby will be born in MA and be a legal resident of that state not NY. This is not the same as moving a child to another state after a separation because it can't be argued that the child's home is really NY and that you changed that. Document and collect "proof" as much as you can in order to show that your child's father is not safe. It should take a little while to sort out all the paternity stuff AFTER your baby is born (hopefully a little more than 6 months) and by then you will have the established relationship and the child's home will be MA. Collect as much evidence as you can, break your lease and get out of dodge this summer (so your son can start school fresh at the beginning of the year).
All of this. The time to move away is NOW, before your baby's born. Start looking for jobs near your family--move in with them for a while if you have to--whatever it takes to get out of state and away from this guy. Sorting out paternity will take time after the baby's born. You'll have the upper hand by then.

Good luck.
post #11 of 15
First off, congratulations for recognizing an abusive relationship just two months in and getting the hell out. So many women get sucked into that kind of awful relationship for years. You are super smart and super strong for not putting up with that and refusing to be a victim. And congratulations on a much-wanted pregnancy.
I'm all about father's rights. But if the father is obviously toxic, you are under zero obligation to bend over backwards and do his legwork for him. One thing I've learned is that abusive, manipulative and controlling guys like that are often all hot air. They threaten, bluster, guilt trip, beg, threaten suicide, the whole nine yards, but when it comes to taking reasonable action to be a part of their child's life, they can't be bothered. You don't have to cooperate with him, you have to cooperate with the courts. He's just trying to bully you because he knows he has no legal rights at this moment.
So in the next seven months, pretend like your ex-boyfriend doesn't exist. Ignore his tantrums. Move back to wherever you need to be, do what you need to do to support your family, seek out a better paying job -- your teenage son may also need to find an after school job, if he doesn't have one already. And when the baby is born, see if the abusive ex boyfriend is willing to make any sacrifices to see the baby. But until HE files in the courts for visitation, he doesn't have any rights to the baby.
It will be okay.
post #12 of 15
move now, before the baby is born. If you re questioned, it is simple: you needed to provide a stable environment for your children. Document how much you are paying for rent/bills and how it is 75% of your income. Document the instability of the baby's father. (I would take pictures of the boardinghouse and anything else you can use.)

Then move back to where your family is. All you need is two plane tickets and your baisc belongings. Sell your furniture and stuff and stay with your family or in a family shelter while you are pregnant. By the time the baby is born in 7 months, you should be able to save enough for your own place, or at the very least, have created a comfortable environment in your family's home. Pay your family rent, even if it is only $50/month, and get receipts. This shows that you are responsible and that stability is important to you.

This guy can't do anything to you right now.
post #13 of 15
Ditto to everything, PoppyMama said.

Congratulations hon! Everything will work out. Get home to MA!!
post #14 of 15
Move home. Divorce your husband. Say you weren't sure who the father is. Don't put his name on the birth certificate.
post #15 of 15
I have to admit, I'm preparing dinner for my own little monsters and didn't have time to read your whole post. But unless you said something in the last half about being a drug addict or selling prior children into prostitution or something, there is virtually no chance your ex-BF will get custody. Even stupid judges understand that a baby who just came out of YOUR body needs to be primarily with you, unless there's something massively wrong with you. Poverty would not be that thing. If your ex-BF has more money than you do and could provide for the kid better, guess what? He can pay you child support.

As to 50-50 custody, you'll have to look up your local laws and guidelines - they're all online. But it would be highly unusual even for a 50-50 state to apply that arrangement to a newborn.
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