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Please HELP CUSTODY BATTLE, HEP C LAWS?!?!?!

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beeyamz

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Hello, Please if anybody can please help it would be much appreciated.

I am with a girl who was previously married.. they have split custody 4/3 split.... The mother of my girlfriend is extremely frustrated at the fact her daughter is with a man who was a former drug addict and is infected with Hep C.

I am no longer on drugs nor anyway assosciated with drugs or anybody who even comes close to touching the stuff. I was young and dumb and unfortunately now am infected with a disease in which may never be cured. I am undergoing treatments for the Hep C, my girlfriend is a fit mother we have an apartment TV, Internet, Cable, Computers, Food on the table, and a loving family enviroment in which other than me having the disease would be picture perfect.

The mother of my girlfriend swears to tell the father of the child, who has not yet been notified of what I have because me and my girlfriend (her mother) take the needed precautions to protect her from any exposure to Hep C. My girlfriend has been tested numerous times always came back negative. We feel as long as she the mother does not have the disease there is no legal binding which calls for us to notify the biological father that her boyfriend is infected...

We are seriously considering marriage which in that case we will both sit down and talk with the father of the child about the situation, but it will not waiver our decision etheir way.

The problem is which the Mother of my Girlfriend, she is upset because she is with me and is threatening to notify the father and make false claims that she is unfit as a mother , and threatening to defend the father in court... we beleive she is bluffing trying to get the relationship to break up.

However if she is not, is there any way shape or form that me having the disease Hep C can cause my girlfriend to lose her child. We have a great household and I love them both to death I really would like some advice on the topic... Please anybody who has anything on the matter all input is helpful... Thank you. :confused:


What is the name of your state (only U.S. law)? - PENNSYLVANIA
 


Isis1

Senior Member
when was the last time you went to rehab, and for how long? and for how long have you been sober?
 

beeyamz

Junior Member
.....2006-07.. I was in high school just out of high school when i was experimenting and got hooked. I have been clean and sober ever since... I had had 1 run in with the law and it was for Drinking and Driving, I am going to be sentenced for ARED classes and fines. Up for explusion via Penn Dot from my driving records, which technically is what they go by in PA. Other than the drinking incident I have not been using or selling any sort of drug and have been seeing a specialist for Hep C and attend open door counseling for AA.
 

LdiJ

Senior Member
when was the last time you went to rehab, and for how long? and for how long have you been sober?
I think this is an important question, but I also did a google search on Hepatius C and it doesn't appear that the child would be at any risk, because its a disease that is transmitted blood to blood. According to what I read, its also not very risky on a sexually transmitted basis either.

Assuming that your sobriety is long enough to be credible, with a good, educated on the disease attorney, and perhaps some expert testimony, it shouldn't have a negative impact on mom. However I do think its something that would require an educated attorney.
 

Isis1

Senior Member
I think this is an important question, but I also did a google search on Hepatius C and it doesn't appear that the child would be at any risk, because its a disease that is transmitted blood to blood. According to what I read, its also not very risky on a sexually transmitted basis either.

Assuming that your sobriety is long enough to be credible, with a good, educated on the disease attorney, and perhaps some expert testimony, it shouldn't have a negative impact on mom. However I do think its something that would require an educated attorney.
i didn't find anything on Hep C either that posed a risk to the child. however, his DUI is very recent. and for someone who is sober from drug use, still has a drug problem since the alcohol is still considered a form of drug. that part worries me.
 

beeyamz

Junior Member
Not arguing with anybody, I want everybodys input possible. I just find it hard to beleive because I have a DUI my girlfriends child is in jeopardy. and I also am nearly positive from talking with doctors and 2 lawyers which is far from a varied opinion on the custody laws in PA, butt I have concluded that an attack from a prosecuting attorny on my girlfriend's ex husband's behalf would have many holes and not hold up in custody courtroom...

p.s.: keep em coming, stay more on the HEP C and the safety of the child for this is my girlfriends concerns we have been reassured of the DUI situation but the HEP C is kind of grey..... please keep em coming.
 

Isis1

Senior Member
D.U.I, can be exponged....
not till you complete your sentence. until then it's on your record. normally, it wouldn't matter if you were already in your sentence, but that hasn't even occured yet. which screams RECENT!

it doesn't look good. i'm being honest with you. with a really good attorney, dad could make this an issue.

just to clarify, you are living with mom? and for how long? how long have you and mom been together? when did the DUI actually occur?
 

breezybaby26

Junior Member
I wouldn't worry about it. Just have the mother study up on the Hep C and maybe talk with your doctor about it. As long you can pass a drug test and the dui gets wiped you'll be fine. Even not people make mistakes and the Mother in law would have to prove that you are having a negative effect on the child. There are also harassment laws that protect people with terminal illnesses so the mother in law might get into trouble if she tries to nail you in court. You would have to check the laws in your state. Either way she won't look good. I would wait to get married though in case it does go through the court. Cheer up. People can change. Don't let it effect your relationship with your GF. Alot of attorney's will give you advice but let you represent yourself in the courtroom. :D
 

LdiJ

Senior Member
not till you complete your sentence. until then it's on your record. normally, it wouldn't matter if you were already in your sentence, but that hasn't even occured yet. which screams RECENT!

it doesn't look good. i'm being honest with you. with a really good attorney, dad could make this an issue.

just to clarify, you are living with mom? and for how long? how long have you and mom been together? when did the DUI actually occur?
I am not sure that the DUI would be that much of an issue. Dad could certainly make an issue of him not driving the child at all...and mom could make an issue that the OP does not drive the child at all.

Remember, this is a case where grandma is the one who has an issue with the relationship. So far, it isn't dad.
 

beeyamz

Junior Member
Thanks much for the replies.. keep them coming... I like to get different opinions especially educated ones.

--- Lets also say me and the ex husband do not get along the greatest....

.... Thanks everybody.
 

Ohiogal

Queen Bee
Not arguing with anybody, I want everybodys input possible. I just find it hard to beleive because I have a DUI my girlfriends child is in jeopardy. and I also am nearly positive from talking with doctors and 2 lawyers which is far from a varied opinion on the custody laws in PA, butt I have concluded that an attack from a prosecuting attorny on my girlfriend's ex husband's behalf would have many holes and not hold up in custody courtroom...

p.s.: keep em coming, stay more on the HEP C and the safety of the child for this is my girlfriends concerns we have been reassured of the DUI situation but the HEP C is kind of grey..... please keep em coming.
How old are you? How old is your girlfriend? How old is the child? The child's father has a right to custody and he can ask for a change in custody pretty much at any time -- doesn't mean he will get it. How much of a relationship does the child's father have with the child?
 

stealth2

Under the Radar Member
Personally speaking, and this is not legal input whatsoever... but if you are living with the child - Dad really should be told. If Mom doesn't see that it's a big deal and doesn't put the child at risk, it seems reasonable to take the wind out of Grandma's sails by just telling Dad herself. That she (and you) see no need to do so, despite the fact that you are living together, tells me that she does see it as an issue.
 

MichaCA

Senior Member
Good point.

I am curious...so you have a RECENT DUI charge? If it is recent, that blows your story about being clean and sober for years, and in my eyes, blows your credibility about recovery to shreds. I hope I am wrong.

Not medical info., my best friend from back east also got Hep c as a teenager. She told me it is more communicable than the average public thinks...don't know why...but she indicated it's easier to spread than say HIV which does have to be by blood. Perhaps it would be good to just research some medical websites about precautions one needs to take in a living environment.
 

CJane

Senior Member
Good point.

I am curious...so you have a RECENT DUI charge? If it is recent, that blows your story about being clean and sober for years, and in my eyes, blows your credibility about recovery to shreds. I hope I am wrong.

Not medical info., my best friend from back east also got Hep c as a teenager. She told me it is more communicable than the average public thinks...don't know why...but she indicated it's easier to spread than say HIV which does have to be by blood. Perhaps it would be good to just research some medical websites about precautions one needs to take in a living environment.
I'm going to wholeheartedly disagree with this statement.

My stepfather died last February, post-liver transplant due to Hep C he contracted in Vietnam.

He was absolutely NO medical risk to ANYONE at all (even my Mom, with whom he fathered a child AFTER he contracted Hep). The ONLY risk he posed was as a blood donor, and that's obviously not an issue.

Perhaps the father of the child should be told, but I'm on the fence about that one.
 
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