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Custody rights ...plz help?

I am a 21 year ol working mother.My marriage is on the rocks.We were married for 2 and a half years n i have a 3 month old baby.My husband is a dominating person n he even used to hit me.He even hit me during my pregnancy.My father-in-law ia a patient of accute depression as this runs in their family,I had a miscarriage because of one of his fits.my husband has not been supporting me or my child for the last 7 months.I am living with my parents who have been supporting me n my child all this while...my husband did come to see our baby when he was born but did not bear any medical expenses.In fact he made demands for gifts from my parents.

My in-laws used to make dowry demands...they are greedy n eccentric people.I do not want to live their nor do i want my child to have such a bad atmosphere to grow in...my husband has threatened to take my baby away legally..though i dont earn as well as him but i am working...i have the support of my family in raising my child..

Update:

n my husband n all his family members are working...they only leave a dog at home...please i dont want to loose my child...can he get custody of the child?

Update 2:

We live in India...i apologise for not mentioning it

8 Answers

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  • 1 decade ago
    Favorite Answer

    First of all he is being totally ridiculous, he cannot just come in & take your baby because he makes more money than you. If he were paying you his half of the expenses to help care for his son, how would each of your incomes compare then. That is beside the point anyway, the only way he could take your child would be if you were deemed an unfit parent by the court. Considering the fact that he has not been supporting you & the child financially or ESPECIALLY emotionally, I cannot imagine where he would get such a ludicrous idea that a court would even consider him a viable candidate to care for his son. The court looks at all of the evidence when making a decision that will have a permanent efect on the child, doing what they believe is in the childs best interest. If he has not even bothered to be in his sons life, he has no legal right to raise the child believe me, he is just trying to upset & torment you. He sounds like he is already suffering from his (hereditary? not sure about that) mental illness.On any account, the fact that he has been physically violent with you should carry weight with any court. Your baby boy is right where he needs to be with his mother & family that love him & are willing to care for him & meet his needs. Shame on your husband for trying to bully & upset you now when your time & energy should be being spent enjoying your new bundle of love and basking in the glow of new motherhood. Sweetie, do not even bother to waste your time & energy on that crazy, selfish fool. Do not let him hinder this great joy of such a special gift your precious son will bring to your life. DO NOT GIVE HIM THE SATISFACTION of worrying one more second about him & his crazy ideas. Remember the court wants what is best for the child, & you have already proven beyond any ponderance of a doubt that you are & he has proven he is not. Just love & enjoy your new son. Best of luck & happiness to you.

    I just read your added post about living in India, here in America the way things are, he would have to prove you unfit, there I do not have any idea what the law is, but I cannot imagine it being that different. I'm sure that anyone in authority would want the same thing for your child. For him to well cared for, phsically & emotionally. To me, that should be one and the same no matter where you live. You need to seek the advice of legal counsel ASAP though to find out what legal rights you do have,& do whatever is needed to protect yourself & your son from this mean, hateful man.

  • It is extremely hard for a mother to have her custody rights taken away in Texas... you have to be 'abusive, addict, blah...' and then you have an action plan even after you're in the system if by chance you end up there...if you do .. it doesn't mean you BELONG there... contact your local crisis center, salvation army, a local 'women's shelter' {anonymous & protected}... these are EXCELLENT starting points... always keep in mind it often seems if you are loosing things or rock bottom ... but in reality they are baby steps to a new life for you and your child ... and often with time and cooperation a new life as co-parents ... if you have any questions feel free to contact me ... i'll help... i've walked that road, survived, and thrived... I went on to raise my girls, get several degrees, and eventually WORK past the mess and go on to find a loving wonderful man... and now i'm a step-mom to boot! time is relative sweetie.. evolve it!!!

    pride will be your biggest enemy & if you're a person that 'truly' cares what others think... STOP... your only responsibility in this life is YOU & YOUR CHILD(REN)... and if religious in some form your God... THESE CENTERS I MENTIONED ABOVE OFTEN PROVIDE SOME LEGAL SERVICES 'FREE OF CHARGE' PROTECTION ORDERS AND THEY KNOW LOCAL CONTACTS FOR FREE/REDUCED LEGAL COUNSEL...

  • Anonymous
    1 decade ago

    You need to keep record of what he Say's to you. You need to go get a lawyer now and, file for custody of your child before he dose. You need to make records of him not paying for anything. You are working and a good mother.

    Your parents are helping you and, so the child is safe when you are at work. Don't wait and hope he will not pull something cause he will move fast throw him off guard so he has not idea what you will do next. File for a restraining order if he has hit you this also will help with the custody. If you are afraid you have a child to protect.

  • Anonymous
    1 decade ago

    If you are a good person and a good mother with an income to support your children, and do not do drugs and stuff then I cannot see any judge taking your kids away from you and hand them over to the father. You should look for a lawyer who offers a one time free consultation if money is a problem. I really think you will get to keep the kids, and even receive child support from your husband.......(smile) things will be fine....

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  • Anonymous
    1 decade ago

    You should go to you go to your court house to the clerk of court office and talk to someone about this. All states have different laws.

    I will tell you that the state doesn't work to take children away from their parents. If your child is being taken care of..no abuse..then you won't lose him. It doesn't matter if your ex and his family make more money. All that matters is that you and your family take care of that baby. You may lose your baby if you abuse him/her..or neglect him/her.

    So as long as your taking care of your baby..then don't worry.

    However..this works for fathers too. The father can get visitation rights also. If he takes care of the baby when the baby is with him..then the courts will allow him to see the baby. The court works to keep the baby with both parents.

    Maybe you two will get joint custody where you share the baby...or the baby stay with you during the week and your ex on the weekends..or whatever. He has a right to see the child as long as there is no abuse or neglect on his part.

    But as far as him taking the baby from you...that won't happen as long as you do your job as a mother. It doesn't matter how much money you make as long as you make enough to support your baby. Try getting help from foodstamps...housing...medicade...and so on. Go talk to someone at social service office and at the court house..clerk of court.

    Good luck.

  • momof3
    Lv 5
    1 decade ago

    Not sure where you are from, here he would have to make a case against you being a bad mother...doesnt sound like he has a chance... if your family is willing to help..let them.....No one has a right to hit another, married or not..kick his rump to the curb woman.... do what is best for you, and your children..abuse is NOT GOOD, for you or for them to witness, they will grow up thinking that is the norm.... stop the sickness...

  • 1 decade ago

    not that easy to take kids from a mother.. is very very hard,, he needs to prove that u are on drogs, drunk or a prustitute! Get a lawyer just in case.... my ex try that on me... he spend about 10,000 and i had no attorney. i won.!!! i am a good mother, christian, in college and never used drogs or alcohol.. so basiclly he waste his money. the judge told him 95% of the time the mom gets the kids unless the kids are in a danger situation! good luck..

  • Anonymous
    1 decade ago

    He would have to prove you unfit in order to obtain full custody of your child...the burden of proof is on him....and with his track record of abuse....he will not be helping his cause...Get an attorney now and file for custody of your child...and under NO circumstances do you go back with this man...He is very dangerouse....

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