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I much child custody can he get to unborn child if I have a restraining order against him in NJ?

Mahwah, NJ |

I am 34 weeks pregnant and I got the final restraining order against the father for verbal and domestic violence. How much child custody can he get once the baby is born? He doesn't really have an income and what he makes is not on the books. He doesn't have a car. He has a lot of fines to pay, and his house is very messy. What do you suggest I do? Put him on the birth certificate?

Attorney Answers 3


If he is the father you should put him on the birth certificate for your child's sake. It won't affect parenting time. He will probably get parenting time. You can request the home is looked at to be sure it is safe for the child.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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I agree with Ms. Navarette's answer. The father is usually given parenting time for the sake of the child, but you can make all attempts necessary to make sure the visits are safe for the child, especially since your description of the father doesn't make him seem like the most responsible person.

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The name of the child's natural father should appear on the birth certificate. How much parenting time he gets is a complex issue that is too complicated to address in this forum. For example, if he doesn't seek any formal parenting time he will not have any (as parenting time schedules are not automatically set). If he makes an application for parenting time, ultimately, the court is guided by what is in the child's "best interest."

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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