child custody

[[email protected]]

I have a 19 month old child(boy) who currently resides with me(mother). The biological father has not been a part of the child's life especially during the last 8 months. The child was born in Tn. but I recently relocated to Texas. I sent the child's father a letter stating where I was moving with my address. I relocated for several reasons, one of which was fear of the father. He has expressed anger by utilizing physical violence which has gone unreported on several occasions. On one occasion he took the baby from me while sleeping and did not return for sveral hours later. He did not take the baby's formula, clothing, or diapers. He has threatened to do this again on several instances. I finally filed a police report after he physically attaked me while holding my son. I was forced to the floor with my son in my arms. My ex-boyfriend and his mother were both participating in the attack. My boyfriends mother then proceeded to take my son while my ex-boyfriend proceeded with the attack. I filed a report and obtained a temporary restraining order after the attack. He has now decided he wants to file for full custody but I am even worried about him obtaining unsupervised visitation. He has repeatly threatened me and my son so I am in fear for us both. He has not provided any financial support nor expressed any desire to see our child. I am currently engaged which I feel has caused this recent custody battle.
In closing, is there any way I can stop him from obtaining custody and visitation. Is there an abandonment law regarding children ? Also he is an avid drug user but unfortunately I do not have anything to back this claim. He has been denied employment due to failing a drug test.
I am in search of am attorney but would like a little info first.
Thank you for any advice you can offer. I cannot bear the thought of him taking our son off where I feel confident drugs will be in use. I also am in fear for our safety if visitation is approved.


Marie Ray
Memphis, Tn.

 

[usdeeper]

Oh boy.. what a mess. Where to start.... First thing, document EVERYTHING. File police reports for everything that happens from this point on. Gather witnesses, there must have been some people who saw some of this stuff. If you have to get another restraining order against the mother.

To put you at ease, the chances of him getting custody is virtually nil.. Yes you need an attorney and yes, if you have evidence, then you can ensure that visitation is supervised.

You made a very comment mistake.. that is you did not report the early abuse. Ensure that all future problems are reported. If he comes anywhere near you or the baby, call the police.

One last point, if you are in fear, you do not have to give him your address.

------------------
SMILE - Start Making It Livable for Everyone

Divorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.