Can my boy friend, the father of my 2 month old, take my baby from me?

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I left my job when i was 8 months pregnant so i am a stay at home mom therefore unemployed. I am looking to go out to work soon. We were never married and broke up recently and lived together in an apartment. My daughter and I still live there and he pays rent but threatens to get us out although we have no where to go. He thinks because i am presently unemployed an he pays the rent he can use it against me to have full custody of her. Can he?

Attorney Answer

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Ronald Sarno ·
You need to go to family court and petition for pendente lite support (the term means while we are waiting for the matter to be resolved). The court will order him to continue support. If he makes threats to you, you can also request a restraining order so that he can be threatened with jail if he says he will throw you and the child out of the house. In NJ mothers are almost always given residential custpdy. If you cannot afford a lawyer,you might qualify for legal aide. The family court for Teaneck is at the county courthouse in Hackensack. You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful. (Even if you are not filing a lawsuit this information can be useful). You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful. You might find my legal guide on divorce in general and in NJ helpful. (Much of this information is valid for unmarrieds who have children together). LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
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