I'm in need of any type of advice that can be given to me. I am 20 years old and 9 months pregnant with my first child. My child's father has been physically, emotionally, sexually, and psychologically abusive to me in the past and recently and I am very afraid for myself and my child's life. I do have proof of his abusive behavior (threats,denied fatherhood, and admitted abuse) He has threatened both the lives of myself and my unborn child. I am not at all interested in any child support but would rather have it to where he can't be around at all. I fear that her life (her-my unborn child) is in jeopardy if I allow any contact between them. I have constantly attempted to make things work but nothing happens except arguments get started. I couldn't get him to show up to any appointments or get him to simply check on us to see how she may be doing, he refuses to buy anything or help in any way. He does smoke marijuana and drinks and goes to a lot of parties and still lives in his mothers house so he is really not fit to be a father anyway even though he has a 1 year old and 5 month old other than mine. (Which he does not have any custody agreement for) But he says he has messages to
Lots of questions. Does he have any interest in custody? What evidence do you have of these threats? Do you have witnesses or writings, such as texts and email?
Frankly, he is the father. Your child should not be denied the financial support he can help provide. Get to a family law attorney to protect you and your child.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
You will have sole legal and physical custody at birth unless and until he files a paternity case and seeks to be adjudicated the father. If you want to waive child support, which I caution you to think long and hard about, you can avoid court until he seeks to go to court. If in court, you recount this history to the judge and ask for sole legal and physical custody (and child support). The fact is, though, that he is the father, if he seeks to assert parenting rights and is found fit, he will get some, at least visitation.
Now, if he continues to physically threaten you, go to the police and get a restraining order.
You should speak to an attorney immediately about your rights, his rights and your options. Most will offer a free initial consultation. DO NOT try to go thru the family court and restraining order processes alone.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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