If i haven't filled yet for a divorce but my child (8 months old) has been with me at my place over night under my care for 60% of april and 74% of may and 100% of june, now can i stop the mother from thinking she can just take my child because she is the mother. I have a detailed log of when the child has been with me and also i recorded the times before the separation that she would take off for the weekend or just be gone for a night and leaving my child with me. She is loosing her home at the end of the month and plans on staying with a friend. She don't have a crib either. she uses a play pin as a bed. She did have a home but my child still stayed with me. She took a lover for a couple months and took him in the bedroom while my baby was in there until i went and moved my child to another room. There is a six year old step daughter that doesn't ever stay with her either. she is on her dads side or one to two nights a week with me. I have record of both children on where they stay for the last 3 months. Can i stop her before i get a lawyer? I am looking for one now but money is limited. If i showed photos of her house i know the state would step in because it is bad.
Trying to keep my child
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army judge
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Mothers and fathers have equal rights to their children prior to any (and often after) divorce actions.
No one can predict what a court might decree, as regards actual custody orders.
I've seen, what some folks would say are great cases, turn out to be duds, and vice-versa.
I suggest you get a lawyer and do what you believe must be done.
Most lawyers provide a free and informative initial consultation.
Until and unless a court orders otherwise, one parent's decisions do not trump the other's decisions.
Your lawyer can tell you what your records and pictures mean.
Currently, you are equal partners in the eyes of the law, both with equal rights; as regards your parenting decisions.
No one can predict what a court might decree, as regards actual custody orders.
I've seen, what some folks would say are great cases, turn out to be duds, and vice-versa.
I suggest you get a lawyer and do what you believe must be done.
Most lawyers provide a free and informative initial consultation.
Until and unless a court orders otherwise, one parent's decisions do not trump the other's decisions.
Your lawyer can tell you what your records and pictures mean.
Currently, you are equal partners in the eyes of the law, both with equal rights; as regards your parenting decisions.
Has patenrity been established meaning, did you sign the birth paperwork? Absent a court order mom can try to take the baby any time. If paternity was not established you have no rights right now. You need to call legal aid to see of they can help you or google and look for a fathers rights group or attorney in TN to see if they can help you. You need to file for custody of the child asap.
army judge
Super Moderator
The OP indicates he's planning to file for a divorce.
That to me, means he's married.
I assume (yeah, I shouldn't, but will for discussion purposes), that he and she were married when the baby was born.
If they were married, he is the putative father.
The marriage previously established his paternity and parenting rights!
Sorry I misread your post. If you were married then you have rights and can keep the child. I would still file for divorce and child support ASAP. Try to at least book a consultation with an attorney and call legal aid to see if they can help you but be advised their resources are very limited and they may not take your case. Worst comes to worst you file on your own by googling the superior court in your county to see if they have a self help or forms online.
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