Father has been physically abusive, past and present, once in front of our 6 month old son. No evidence other than people who have seen the aftermath, and a cut knee that police saw when I had to call them just to get him to leave me alone. Taunts me, laughs, and calls me names when I try not to interact with him or respond with an answer he doesn't like. Claims he's moving out and thinks that will solve the issue and make none of it hold up in court. He's left me car-less 2 months prior to us separating (my boss was nice enough to loan me a car TEMPORARILY). Can't afford to buy one and live 9 miles away from work, so I will not be able to work. All my family and support is in Ohio. I have a place to live and a sitter for my son once I start working. No money to afford an attorney.
If your child was born while you were unmarried and you were not married any time ten months prior to his birth, you have sole custodial rights. However, the father can ask the court to establish his paternity and also ask for custodial rights--not necessarily full custody, but at the very least visitation. Without knowing more, it's difficult to say exactly what issues you might face. It's worth talking to an attorney just to clarify your circumstances.
is the father paying child support? if so, he will probably have visitation rights. Whether you can move depends upon your circumstances. You can call me at 701-223-5300 in Bismarck for further advice.
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