A hostage child
Not sure if this completely goes here but looking for some legal advice.
My girlfriend has a 8mo baby boy with her ex. They split when the baby fell and he locked her out saying she will not see her child again. We started dating a bit after that and they've been splitting the weeks up 3 days, swap, 3 days. The problem is since I've been with her this man has threatened to keep her baby on more times than I can count over anything at all that bothers him and each time I have to sit and watch the woman I love cry.
A month ago it happened again while we were out on a date someone he knew seen us and told him. Same thing happened, crying, all of it, except a few days later at work she passed out and fell to the floor while working. The doctor told her it was stress related. He hadn't done it for a few weeks until the other day and now I'm worried again about her falling over because of this and getting hurt.
The lawyer she wants is far from affordable right now. What actions could we take? Is there an assistance program to help pay for things like this?
When she was locked out she called the police and they said they couldnt do anything that it was whoever had physical hold of her boy had control.
I want to do anything I can to help our lil boy from being a chess piece in this guys little game!
She needs to go to court and
She needs to go to court and get a formal custody agreement. So when he threatens to not give the baby back she can call the police and provide them the court order, proving he’s in contempt of the order. The police reports can be used to prove contempt of the court order which could/should have ramifications on his parenting time and potential criminal charges. None of this requires a lawyer
Dude sounds abusive. He’s trying to control and punish her using the baby. The root of all abuse is control. Filing family law morions against the dad may enrage him. She needs to be prepared for him to flip out and take safety precautions.
Hopefully it all turns out okay and he can move on already.
Were they married? Because if
Were they married? Because if not, then he has no legal right to the child ...
https://info.legalzoom.com/stop-visitation-rights-biological-father-stat...
"Visitation Denial
If a father was unmarried to the child's mother at the time of the child's birth, Kentucky law states that he is not the child's legal father. He has no rights to visitation and the mother may deny visitation until paternity is established. Mothers should not deny visitation to legal fathers until a judge issues an order severing visitation rights, however. Denying visitation when there is a custody order in place authorizing visitation may constitute contempt."
Bottom line - it seems to me that she hold all the cards in this case.
However if they were married, she needs to go to court to get a visitation order ASAP. No lawyer needed.
Unmarried
They were never married. Ill talk with her this evening about a court order if it doesn't require a lawyer. thanks yall
If she's in Kentucky, she
If she's in Kentucky, she doesn't need one. It's up to the father to prove paternity and then he has to go after a court order. Right now, she could go to the police and tell them that he has kidnapped her child ...
If there is no custody order,
If there is no custody order, she can keep the baby and not return to father until paternity is established and a custody agreement is in place!!!! It should be fair! Also holiday schedule can be based on odd and even years this way holidays rotate. Stick to agreement and do not deviate from it, seems dad is difficult and controlling.
She doesn't need a lawyer to
She doesn't need a lawyer to start the process. It can be done with a mediator. She needs to file herself and get the ball rolling.
Nope, biomom was cooperative
Nope, biomom was cooperative and had allowed the kids to stay with biodad over 5 weeks. When she learned about me, she filed a restraining order against biodad based on nothing but lies. The sherriff came to serve him and were unaware that the kids had been at our home. Due to order, they had to remove the kids and return to the mother.
Nope, biomom was cooperative
Nope, biomom was cooperative and had allowed the kids to stay with biodad over 5 weeks. When she learned about me, she filed a restraining order against biodad based on nothing but lies. The sherriff came to serve him and were unaware that the kids had been at our home. Due to order, they had to remove the kids and return to the mother.
If the Police are right and
If the Police are right and who ever has physical possession of the baby has control she needs to keep the baby the next time she gets the baby and go pro se and file for emergency custody. Make the BioDad fight to get the kid back while she works out how to get a lawyer.
She needs to grow some testicular fortitude and go to war. Whatever it takes. If you are in this for the long hall then you have to be ready to go to battle at her side.
We had to do this with my SSs SpermIdiot. They tried on several occassions to not return him following their visitation time. It took us destroying them legally, socially and financially to gain clarity and knock off their bullshit. It took years but ultimately we beat them into submission and protected my SS from their crap. It took my wife gaining confidence and clarity as to what needed to be done to win.
Time for your SO to cut off the tears, get angry, and go to war with you at her side.
IMHO of course.
Good luck.
It's a toss up.
It's a toss up.
If she was actually negligent to the child and let the baby get hurt because of lack of supervision - and he has proof - the ex could very well be awarded legal custody, and your GF would get on the child support train.
I've spent the past 6 months of my life compiling evidence against my wife so that I can dump her and take my baby away too. You better believe I'm collecting support, as well.
It would have to have been
It would have to have been extreme negligence and caused extreme physical harm to the baby to restrict mom from custody.... Unless she is mentally unfit, drug addict etc..... She will not loose her rights..