What proof does one need to take someones child from them?

Can u ask other moms about this one please my sons fathers ex GF is trying to take my son away from me and says that I’m an unfit mother what proof do they need to have in order to do that one when he’s not even born yet until next year in March I’m just scared to death of losing my only child to his father

13 Likes

I went through a similar situation where my ex-husband (husband at the time) started dating a younger woman. He never really was there for his 2 daughters even when we were together. She thought she could be a better mom and pressured him into getting his daughters for a visit every other weekend. We had no custody agreement in writing and one Saturday morning I found a copy of a letter stating he was bringing them back. Had to go to custody mediation at domestic relations. Children and youth services got involved and inspected my home. I contested the divorce as leverage and he decided his divorce was more to him that the girls so I got custody if I gave him a divorce. He got every other weekend visitation, every other holiday and 4 weeks of the summer. Visitation lasted maybe 2 months before he quit coming around then moved out of state. I suggest trying to work out a custody agreement with the father not her then get it in writing. Meanwhile Don’t fret it’s not good for you or the baby!!

Its actually a lot harder than people think to prove a mother unfit. You have to test positive for drugs and be the most horrible person ever and they Still have to havr more concrete proof of you being unfit. You also have to look at other factors…has dad been involved in the pregnancy (going to doctor’s appointments, offering help with items needed or paying for any expenses), what is his history, what is gf’s history, etc. MOST states won’t take a newborn baby away from their mother u less there are serious reasons. Also, if you can, BREASTFEED your baby…as long as you are nursing your baby, most courts won’t even grant visitation of more than 2 or 3 hours because baby needs to eat and you can also request supervised visits due to this and have it put in court order that baby is to be given NOTHING but YOUR breast.

4 Likes

Don’t stress momma it takes a lot to do that

Its alot harder than most think. And courts will tell gf to but out. Its between you and the father. As long as you can provide for your child They won’t take your baby away. My daughter was going they alot and living with me and she still has custody.

If you have done nothing wrong and have nothing to hide and have a safe stable environment to raise your child in then you have nothing to worry about

1 Like

You would have to be on drugs or abusive, and as long as you have a roof over your head, it doesn’t matter who has more $

2 Likes

Hopefully your not using. I wouldn’t worry yourself to much unless there is something in your past. I think it’s terrible to put that stress on you cause it’s not good for your baby either. I would get a restraining order keep her away due to the stress. That wouldn’t look good on her part.

1 Like

Begin by putting a TRO on her and charge her for any and every harassment that you can.Explain to the judge ,on the TRO that she is threatening you and tell him how you feel as a result.be sure that you’re not using any drugs or alcohol.Take care of your pregnancy.Stay out of trouble.

That’s gonna be a difficult one to prove especially since your still pregnant. Generally speaking they like to keep babies with the mother. They need mom more than they need dad when they are that little. They can’t assume your unfit when you haven’t even given birth. It’s not gonna happen, they are just trying to stress you out. There’s a little thing called the tender years docturine that will protect you. Document everything! In the end the fact that they are pulling this while your still pregnant isn’t gonna help them. If I was you tell the mf you cheated on him and the baby isn’t his… just saying…

She has no ties to the child… even if u were “unfit” they would not place a child with dads ex girlfriend. It would start with immediate family like parents, grandparents etc and they would have to investigate… as long as ur not on drugs or anything then theres nothing they can really say especially if the child isn’t even born. Dont let these people stress u and that baby out. Keep living and being happy and block out negative!

Best solution, in the state of Florida when you go see you obgyn they piss test you. They say it’s only to test for certain things, but it’s also a drug test. Ask your dr for a printed copy of each test (not sure if it’s in all states that do this). If you have a place for the baby to sleep, clothes and a plan after coming home they will not take the baby away. Keep ALL text messages from them harassing you for proof that they are unfit. Just keep calm and stress free while pregnant so you’ll have a happy healthy baby!

1 Like

I would suggest consulting an attorney and NOT leaving the state without seeking expert legal advice, because if they try to serve you with papers and can’t locate you, they can serve you by publication (placing an ad in the local newspaper of the town where they know your last address was). If you still don’t show up for court, they can be awarded a default judgement and get full custody and anything else they ask for and in turn, there’s a possibility that you could be charged with custodial interference and lose all rights to your baby.

I think there’s more to the story. What are the reasons she feels you’re unfit? You’re leaving a lot of information out and it makes me wonder why.

I would honestly leave that state, if at all possible. Family court cases help to build the economy and create work for all of those that are involved with the courts, all the way to the lawyers and judges. Job security.

1 Like

I would keep a journal of all threats and conversations. Screenshot text’s and emails. Don’t give into the drama, that’s what they want.

As long as you have a stable place to live don’t use drugs or drink while pregnant there’s not much they can do

I have been wrapped up in a family court case involving my son, who is almost 10. My son’s ex-stepmom gets visits and was actually allowed to intervene, Court allowed her to and his dad wanted her to. He was in jail at the time on a DV when he put a loaded gun to her head. My son was with me at the time. The court will allow it, because it makes them money. They will appoint a Guardian At Litem who will be the one to conduct the investigation to determine what “they” think is in the best interest of the child. We are headed back to court again. It is a BIG legal mess.

Can you leave the state?

2 Likes

How sad she wants your baby! What a horrible person!Call child protective services and they can put you at ease hon

1 Like

If you arent using and not in a dangerous situation and can care for your baby . they wont seperate you from the baby. Even somtimes if u were on drugs