Can I start a custody case before the child is born?

[kevin52]

What is the name of your state? Arizona

The mother of my unborn child has been drinking during pregnancy and has had two trips to a mental facility due to an overdose of Oxycodone and a threat to illegally acquire a gun. She is not stable, and I want to establish custody once the child is born. Her "support system" includes her mother, wo was arrested for domestic violence and court ordered to remain in anger management for nearly two years now, her father, who is a daily marijuana user, and her sister, who despite knowing she has herpes, has unprotected sex with unaware men. I need to get this kid out of this situation. I am already ashamed that I let this situation happen. Is there anything I can do to get this ball rolling? The baby is due in September.

 

[artificially]

Are you married to her?

If not then before you can do anything you need to be established as the legal father.

Someone with more knowledge will come along soon.

 

[Ohiogal]

What is the name of your state? Arizona

The mother of my unborn child has been drinking during pregnancy and has had two trips to a mental facility due to an overdose of Oxycodone and a threat to illegally acquire a gun. She is not stable, and I want to establish custody once the child is born. Her "support system" includes her mother, wo was arrested for domestic violence and court ordered to remain in anger management for nearly two years now, her father, who is a daily marijuana user, and her sister, who despite knowing she has herpes, has unprotected sex with unaware men. I need to get this kid out of this situation. I am already ashamed that I let this situation happen. Is there anything I can do to get this ball rolling? The baby is due in September.

You will have to file to establish paternity, child support and visitation/custody AFTER the child is born. What has she been drinking? How much? Were the trips to the mental facility during the pregnancy? However YOU CHOSE HER as mother and you are stuck with her for life. You do realize that don't you? You most likely will NOT get full custody of the newborn.

 

[anastashia]

You will have to file to establish paternity, child support and visitation/custody AFTER the child is born. What has she been drinking? How much? Were the trips to the mental facility during the pregnancy? However YOU CHOSE HER as mother and you are stuck with her for life. You do realize that don't you? You most likely will NOT get full custody of the newborn.

Im curious why do you say poster cant get full or primary custody granted the poster has the best interest of child more so than X and can show that? And seeing as how there is no primary home yet? If he signs an affidavit of parentage can he not walk out of the hospital with the child as the legal father?

Out of Curiousity!?

 

[Isis1]

Im curious why do you say poster cant get full or primary custody granted the poster has the best interest of child more so than X and can show that? And seeing as how there is no primary home yet? If he signs an affidavit of parentage can he not walk out of the hospital with the child as the legal father?

Out of Curiousity!?

if you were in labor....and your ex walked in the door, wouldn't you call security to have him kicked out? I would hope it not possible that any man can go to any maturnity ward and sign the AOP's to any woman that had given birth on that particular day. i wasn'y being snarky..it was just the first thing that popped in my head when you asked that.

 

[my life is mine]

Actually I just ran into a case similar to OP, but unfortunately a different State.

Mother was a known drug user and alcohol user during pregnancy, when she delivered, State came in and took custody of child, but because Father was a decent young man, and had an interest in child, they released newborn (3 days old) to him. They also helped him set up his home, got him WIC, and set up medical with the State for child. He recently went to court with State by his side, he was able to receive sole primary caregiver, full legal care giver, with Mother having supervised visitation for the next year. Mother is ordered to pay child support, at States minimum, due to the fact Mother has not worked for over some period of time. After one year of supervised visits and Mom has remained clean and sober, she will be able to petition for unsupervised visitation.

 

[OhReally?]

Her "support system" includes her mother, wo was arrested for domestic violence and court ordered to remain in anger management for nearly two years now, her father, who is a daily marijuana user, and her sister, who despite knowing she has herpes, has unprotected sex with unaware men. r.

Umm...hypocrite...you have no room to take shots from the grassy knoll. Not to mention, this is all irrelevant.

 

[LdiJ]

Actually I just ran into a case similar to OP, but unfortunately a different State.

Mother was a known drug user and alcohol user during pregnancy, when she delivered, State came in and took custody of child, but because Father was a decent young man, and had an interest in child, they released newborn (3 days old) to him. They also helped him set up his home, got him WIC, and set up medical with the State for child. He recently went to court with State by his side, he was able to receive sole primary caregiver, full legal care giver, with Mother having supervised visitation for the next year. Mother is ordered to pay child support, at States minimum, due to the fact Mother has not worked for over some period of time. After one year of supervised visits and Mom has remained clean and sober, she will be able to petition for unsupervised visitation.

The state came in and took custody of the child however, which is what caused the whole scenario to happen. So, should the hospital decide that they need to call in CPS something similar could happen.

However....if the hospital does not feel that there is a reason to call in CPS, then the child is going to be going home with mom. Dad will have to establish paternity and it could be several months before it would get to a point where a judge was going to make any decision, and its not guaranteed to go in dad's favor.

Or in the alternative, the state could step in, place the child in foster care and dad could have to jump through major hoops and it could take months to get placement.

So, its not as simple as that case made it seem.

 

[my life is mine]

True LdiJ. One factor that I did forget to mention, is that Dad did go to hospital, he made his presence known, (he was not obnoxious about it from my understanding) he made sure that people knew he was interested in stepping up as the Dad.

 

[TinkerBelleLuvr]

If the OP is that concerned, he needs to let the doctor/hospital/ DSS know that if they tested the mother at birth, they MIGHT find drugs in her system.

 

[tuffbrk]

If the OP is that concerned, he needs to let the doctor/hospital/ DSS know that if they tested the mother at birth, they MIGHT find drugs in her system.

I'm with you GinnyJ! OP - Either contact the OBGYN or shut up. That's your choice.

Any OBGYN would want to know if Mom is drinking during pregnancy...and frankly, she is drinking, 2 trips to a mental facility as she almost OD'ed on Oxycotin and CPS hasn't stepped in yet? I'd think the hospital/facility would've needed to report what was found in her system when she was brought in for the Oxcotin debacle.

 

[Ohiogal]

Actually I just ran into a case similar to OP, but unfortunately a different State.

Mother was a known drug user and alcohol user during pregnancy, when she delivered, State came in and took custody of child, but because Father was a decent young man, and had an interest in child, they released newborn (3 days old) to him. They also helped him set up his home, got him WIC, and set up medical with the State for child. He recently went to court with State by his side, he was able to receive sole primary caregiver, full legal care giver, with Mother having supervised visitation for the next year. Mother is ordered to pay child support, at States minimum, due to the fact Mother has not worked for over some period of time. After one year of supervised visits and Mom has remained clean and sober, she will be able to petition for unsupervised visitation.

DIFFERENT SITUATION COMPLETELY. The state was involved -- as in CSB. They placed the child with the father. And the state (CSB) has to try to reunify mom and child. That has nothing to do with this situation where CSB is not involved nor is there a case plan or anything else.

 

[xylene]

What does her sister's herpes have to do with HER or YOU?