My boyfriend took my daughter in the middle of the night and filed for full custody: Help?

So I’m going through a rough time. My question is, what is the chance that I’ll lose my baby girl. I and the father of my child decided to move back to my home of record from California to Ohio. I just got out of the military. We have a three-year-old daughter. Two days before we were supposed to leave, he took the child in the middle of the night. We aren’t married, so there was nothing I could do. Four days later, he served me court documents requesting 100 custody. I filed an emergency hearing got temporary custody of her till the court hearing in December. He accused me of abusing our daughter over the years and neglecting her. He has no proof for these allegations. It’s just false made up lies because he changed his mind and didn’t want to move states any longer. I’m just looking for advice on what’s going to happen at the court hearing… is there any chance I could lose custody and or have to share 50/50 with him. I have been the sole provider for her whole life and still am. What should I expect??

49 Likes

If your daughter is under your custody call the police immediately :flushed::grimacing:

3 Likes

Military can play a bit In the custody battle… but use your resources… for one he kidnapped her. So technically that can play against him

4 Likes

Get an attorney is the only advice to give you.

2 Likes

Yeah I’d be asking an attorney

Where I’m at it’s so hard for fathers to get full custody and since you weren’t married at the time of birth, according to our state laws he has no rights to her until it’s ordered by a judge. You have all rights to her as the mother until decided otherwise by the courts. I’m in FL btw.

He doesnt have rights! You’re not married!

2 Likes

If you were living in Cali with the child and that was her place of residence, it is likely you will not be able to relocate with her to a different state if he does not agree. Talk to a lawyer as every state is different.

3 Likes

If not married u have 100% custody and he kidnapped the baby but more then likely it will b 50/50 custody or he will get her in weekends

Not sure where you are, but you don’t have to be married? Me and my ex have been over a year, and theirs no court orders and he doesn’t care about our son, but if he broke in and snatched him? I don’t have a leg to stand on, i then have to fight him. Not the other way around, as its his child. So until the court orders it, your stuck.

3 Likes

I’m going through the same thing and he can take your child… it’s not kidnapping bc he is the father. My ex did the same thing. My daughter was with my brother and my ex went to my brothers house, took my daughter and the police said nothing could be done until custody is established bc she is his child also. You have to establish custody and unless he is unfit… more than likely you will end up with 50/50 custody. But definitely get a lawyer. My ex did the same thing with the abuse allegations as well. It’s a tough battle but definitely don’t fight alone! Also you can ask the court to appoint a guardian ad litem to your case to represent your daughter.

2 Likes

Good luck leaving the state without his saying ok… Usually only if you can prove it will better the kids life… Great job ECT… You can go… But they may not let you take the kid.

Im in australia though.

He took her without your knowledge or consent, that’s sneaky, and will probably play against him in a hearing. Courts try to be as fair as possible. Unless he can prove his allegations against you, I highly doubt he would get 100% custody. However, the courts want to treat each parent as equally important as the other ( as they should in most cases) so I would say 50/50 isn’t unlikely. Get yourself an attorney, do as much research as possible. If hes going to be saying mean things about you, get yourself some character witnesses to write statements about you, so that you can present yourself as the best possible option for custody. Offer fair and sensible visitation, and you shouldn’t go too badly xx

2 Likes

And two sides to every story

7 Likes

Most states if not married and a child is born the father has no rights unless he applied for them. I would call the cops followed by a lawyer

3 Likes

First off I’m not trying to argue or start anything. I am a vet and have full custody of my kids. It is becoming more common that fathers are getting custody. The biggest question is how long has the child lived there? Ohio may be the home system of the child. The only major thing based upon what I can see from your post, is that he can prevent you from taking the child to California. Please feel free to privately message me and I would be willing to discuss more on this with you if you want. 

5 Likes

Go see a lawyer, nobody on here can give you accurate legal advice.

11 Likes

Without proof nothing can be done. So u will get shared custody

Lawyer up and you will be fine.