How to get full physical custody

[nana123IA]

Iowa
my exboyfriend and I are not married. what do I need to do legally to establish full physical custody of our infant to myself

 

[Just Blue]

Iowa
my exboyfriend and I are not married. what do I need to do legally to establish full physical custody of our infant to myself

Unless there is court order stating otherwise, you already have it. What is your objective?

 

[nana123IA]

I tried to leave once with our child and was gone overnight but he called the police and said I had to take her back even though there is no court order. we are about to be evicted, and I can move in with my parents who have a spare bedroom but he has claimed that he can take them with him and there is nothing I can do about it. The police said I had to have a paper showing full physical custody.

 

[PayrollHRGuy]

I tried to leave once with our child and was gone overnight but he called the police and said I had to take her back even though there is no court order. we are about to be evicted, and I can move in with my parents who have a spare bedroom but he has claimed that he can take them with him and there is nothing I can do about it. The police said I had to have a paper showing full physical custody.

The police were wrong. If you were married and he was legally the father the police would have no cause to stop you from taking the child to your parents house.

If he calls the police again tell them to get the dad to show anything showing that he has any right to the child. You should also have them call their shift supervisor.

 

[not2cleverRed]

I tried to leave once with our child and was gone overnight but he called the police and said I had to take her back even though there is no court order. we are about to be evicted, and I can move in with my parents who have a spare bedroom but he has claimed that he can take them with him and there is nothing I can do about it. The police said I had to have a paper showing full physical custody.

Does the exboyfriend have a paper showing that he has established paternity?

For example, did he sign a paternity affidavit? Is he on the child's birth certificate?

 

[Just Blue]

I tried to leave once with our child and was gone overnight but he called the police and said I had to take her back even though there is no court order. we are about to be evicted, and I can move in with my parents who have a spare bedroom but he has claimed that he can take them with him and there is nothing I can do about it. The police said I had to have a paper showing full physical custody.

How old is the child? Is he listed on the birth certificate? Do your parents live in the same area as you currently live now?


To clarify: The BF said he called the police and police said you had to take the child back? Or...did the police say this to you directly?

 

[nana123IA]

the additional concern is we are being evicted and I can safely go to my parents they have a spare bedroom but he days he can take our child because he can go to his family and they have 2 bedroom and that there is nothing I can do to stop it. I dont know all the legal ins and out of all of this and I dont want to lose my child. he is emotionally and mentally abusive.

 

[nana123IA]

Does the exboyfriend have a paper showing that he has established paternity?

For example, did he sign a paternity affidavit? Is he on the child's birth certificate?

he is on the birth certificate. he signed it at the hospital

 

[nana123IA]

How old is the child? Is he listed on the birth certificate? Do your parents live in the same area as you currently live now?


To clarify: The BF said he called the police and police said you had to take the child back? Or...did the police say this to you directly?

the police called and said I had to and yes my parents live a 5 min drive away

 

[nana123IA]

the police called and said I had to and yes my parents live a 5 min drive away

also the child is 8 months old

 

[Zigner]

the police called and said I had to and yes my parents live a 5 min drive away

"The police" was wrong. I doubt that was even a police officer who called you.

 

[Just Blue]

Take the baby and go to your parents. File in court to LEGALLY establish paternity/Child Support and a Parenting Plan. Needless to say dump the BF.


Oops! I see you already did dump the boyfriend. Good Girl!!

 

[LdiJ]

the additional concern is we are being evicted and I can safely go to my parents they have a spare bedroom but he days he can take our child because he can go to his family and they have 2 bedroom and that there is nothing I can do to stop it. I dont know all the legal ins and out of all of this and I dont want to lose my child. he is emotionally and mentally abusive.

You may already have sole legal and physical custody by default as an unmarried mother.

However at most you have equal legal rights to the child, assuming that paternity has been established. Therefore both of you could take the child with you to your respective parent's homes and neither of you can stop the other from doing so if your state does not give custody by default to the unmarried mother. The police were dead wrong to tell you that you had to go back.

If you want to go, go. However you must be prepared for custody to be decided in court and for the two of you to be required to share your mutual child.

 

[t74]

the additional concern is we are being evicted and I can safely go to my parents they have a spare bedroom but he days he can take our child because he can go to his family and they have 2 bedroom and that there is nothing I can do to stop it. I dont know all the legal ins and out of all of this and I dont want to lose my child. he is emotionally and mentally abusive.

Yet, you chose to have a child with him. You need to get yourself to a counselor to see why you became involved with him if he is truly abusive and not just your attempt to gain sympathy by accusing him of this.

You may already have sole legal and physical custody by default as an unmarried mother.

However at most you have equal legal rights to the child, assuming that paternity has been established. Therefore both of you could take the child with you to your respective parent's homes and neither of you can stop the other from doing so if your state does not give custody by default to the unmarried mother. The police were dead wrong to tell you that you had to go back.

If you want to go, go. However you must be prepared for custody to be decided in court and for the two of you to be required to share your mutual child.

You need to get yourself to an attorney immediately tp get the legalities work out for custody, visitation and support./