We have been fighting alot recently and he has threatened to leave me, and get a divorce. He says he will take the baby away from me. Is this possible? Does anyone know exactly how much right he would have over the baby.
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since courts tend to favor the mothers, he would have to prove that you’re unfit in some way. if you’re not, don’t worry about it. he can threaten all he wants, doesn’t mean he can do anything!
no way is he going to be able to take a newborn baby from it’s mother. sounds like you need counseling tho
You have to go to court, you would have to get sole custody for him to do that. Also if it is joint custody he will have to pay you child support. But the best person to tell you all this will be a lawyer.
men always say that…they just want to come off threatening.
he will have the same 50/50 custody rights as a live child unless you can prove with a DNA test that the child is not his.
UNTIL THAT BABY IS BORN NONE….YOU ARE CARRYING IT AND HE HAS NO SAY…..
You need to consult with an attorney. Every state is different, but he has right due to the fact that he is the Father, but it is very rare that he could get an infant away from the mother unless you are a drug addict, alcoholic, or mentally incompetent in some way.
1/2 his 1/2 yours
Courts almost always let the mother have primary custody unless the child is in danger
He is the father (presumably). Whether the baby is born yet or not means nothing in most places. He would have full parental rights.
Stop trying to deny your not-even-born yet baby a father just because you are divorcing. Unless he is a drug addict or something (in which case you could severely curtail his rights) you should allow him to be a father to the child with no problems.
First of all, get yourself a lawyer.
Second, he has as much right to the baby as you, but judges usually favor the mother in custody cases. If you feel he is a danger to the baby and to you, make sure you get out now and take care of yourself and your child.
Your rights are 50/50. He has parental rights because he is the father of the child. He could go to court and try to get visitation. Often times the other person will try to say that the other parent is unfit and in this case the one parent will try to get full custody of the child.
You coudl share custody of the child (you know visits and such).
Hope this helps and good luck with everything!
Anything is possible- he has just as much right to the baby as you do.
You really need to get some marriage counseling right now, not ask strangers about divorcing. It’s the least you can do for this baby.
you both have equal rights as far as the baby is concerned. he has the right to file for full custody as well as u do.
Really mess with him and tell him it’s even his!
He is the father. He has just as much right to the baby as you do. If he can prove that he can provide a more stable home then he can get custody. You need to get a lawyer. Don’t wait until after the baby is born. Get a lawyer now.
the baby is half his.
I just currently went through a divorce. Most of the time that is all talk. I got threatened over and over again and it scared the hell out of me. You just be a good mother to that child and trust me, no judge will take it away from you. Don’t go into panic mode and worry over something that will never happen. Stay healthy for that baby right now and you don’t need this kind of stress on you. Don’t worry. Oh! one more thing if you breat feed, he can’t talk the baby as long as you are breast feeding. Judge won’t allow it.
He has just as much right to the child as you do.But courts tend to side with the mother of very young children unless there are problems with the mother being unfit,drug or alcohol abuse,mentally unstable,etc….
it is as much his baby as it is yours !
He will have rights with the baby as much as you do as he is the father. If he leaves, the courts will have to make a decision regarding the best interest of a child in a custody battle. Usually, young infants are left with the mother if there’s not something condemning you as an unfit mother.
No – you would have equal rights over the child – but as a newborn you would probably get primary custody and he could get limited visitation. Please make sure that you share with him that you can file for child support, which would be about 20-25% of his gross income. Do not let him scare you!!
The mother is always given custody unless the husband can prove you are an unfit mother. He will have visitation rights if he pays child support if you divorce.
I had the same thing, Don’t put his name on the birth certificate. Courts favour mothers and i still have both of my kids. He is taking advantage of your vulnerability. Put him out and tell him to get a lawyer.
good luck babe x
p.s divorce before the baby is born and he wont have a leg to stand on!
Your husband has equal parental rights, the best he could be granted is 50/50 care unless either party can be proven to be unfit.
Don’t stress to much since your baby will only be an infant the best a court will give him is regular short visitations so your baby will have the opportunity to bond with both its parents.
A court generally will not give overnight visitation to an infant under 18 months and even then it would only be 1 night a month with regular visitation.
At the age of 3 they may encourage every second weekend overnight visits. However this is all just in a general aspect the courts will look at the best interest of the child but they do strongly encourage that both parents have the opportunity to bond with the child unless the child is in danger.
Until the child is born nothing can be done and even after the birth he can not apply straight to the courts he will need to go with you to mediation.
Good luck and try not to stress to much your under enough stress without adding this threat to it, as that’s what it most likely will be.
Another factor a court may look at is his working status if his working and the child is a infant or toddler who will be looking after the child as very rare that he could take 1 week off every 2 weeks to look after the child.
Also remember if he ends out getting another partner she is no-one and has no rights at all to your child