The father of my baby told me he could not be a father to this baby because he is a businessman.
He asked me to get an abortion because this baby did not fit into his plans.
He made it clear he never wanted this baby. He ended up breaking up with me, one reason being
that I was having the baby and didn't listen to him. One main reason I am concerned of him having custody is because he has a mentally unstable Ex (has 1 child with) has stalked me through various means and has never left me alone throughout our relationship.
I'm afraid of my child being with him unsupervised.
I know I can offer a more stable, loving, and emotionally supportive environment as oppose to
him who can just offer financial support to our baby. I'm afraid he wants custody because he knows I cannot afford an attorney
Based upon the facts given, the answer is no. This father would have to file a petition for paternity and then prove that he is the better or best parent for the welfare of the child. Until that action take place you are the exclusive person an parent of that child to make all necessary decisions for the welfare of that child. If you can substantiate the facts given in a Court of law, I doubt if any court would grant custody to the father without some type of supervision.
You have an absolute right to have your baby. Many social services, including the Catholic Church, will attempt to help you and provide support to you if you will look into them. You can file a paternity suit before or after your child is born. You can serve the father, and the Court will make orders for conservatorship, visitation and support and medical support of the child. The court will make whatever orders are in your baby's best interests. The Court will order limited visits at an early age of the child. If you are a good parent, his chances of getting custody of a newborn are not very favorable He has a duty to support your child. Sometimes because of support parents say they want custody. This is backwards and wrong. The Court will figure it out very quickly if it even gets that far. But please get a family law specialist to help you and represent yours and your baby's best interests.
Gina Louise GilstrapFamily Law AttorneyHouston, TX ·
Once he is adjudicated the father of the child he has the same rights and duties that you do. You will need to prove to the court the facts that you are alleging. The court will then make a determination, based on your evidence and his evidence, as to what is in the best interest of your child.
Just because he said he didn't want the child from the beginning does not mean he doesn't want the child now or that he shouldn't have the child now. Many women consider abortion when they first found out they're pregnant and then decide to have a child this doesn't mean that the child should be taken away from them because they didn't want it in first place.
You need to seek legal counsel and start developing a strategy to win primary custody
Charles is tight. He will have a great hurdle to jump. But judges know that people change. So it will depend on what the situation is when you get in front of the judge. You keep providing the child love and attention and you should be ok.
There has to be a paternity suit filed for him to even ask for visitation. General a court will grant some stair step and or supervised visitation to the father once DNA confirms he is the biological father.
Contact the State Bar of Texas legal help line. They Amy be able to contact you to a lawyer that can assist you.
All the other answers you have received are wise, but I have a couple of questions to clarify. Did you place his name on the birth certificate when the baby was born? Has he filed any acknowledgment or a denial of paternity? Be very careful, too, because although he may be a seeming longshot to get custody right now, if you are struggling with any issues in your life, like drugs, alcoholism, so little money your home is very, very unkempt and inhospitable for a child, etc, then he could make a CPS complaint against you, and they will usually not be nearly so dismissive of his rights and position as the biological father as the usual courts would at this stage of the situation. Be very careful, and if he is paying you child support, even more careful, to do all you can, like parenting classes, church attendance, continuing education, working, voluntary drug testing, all to prove that you are a very good parent. You would not be the first case where an otherwise weak father asserts rights, lies and misrepresents about you to the authorities, and gets custody of a child.