My Ex, Who Has Been MIA for Almost 3 Years, Is Suing Me for Full Custody: Advice?

Fight like a crazy woman! And as for your parents, what the hell? I would be so p----d I might not ever talk to them again.

Whoa! He’s living with your parents and suing you? Time to have a stern talk with your parents! He needs to be kicked flat out on his arse! If they choose him over you and your baby, time to cut them off too! You have to get a lawyer, or you do risk losing your baby.

Get a lawyer!!! If your parents are involved they may be character witnesses against you. Once there’s a paternity test, it will be your word against his that you even told him. If you can get or still have the text messages from him being rude or receipts showing money being sent and why, you may have a easier time showing he was negligent. Get a lawyer.

No court will award him full custody unless he can prove you are an unfit parent. The fact he lives with your parents and can’t provide a roof over his own head shows he’s financially unstable. When you go, request child support. If you have money for a lawyer hire one. If not, don’t worry about it.

Courts decide on child’s rights based on who is the primary caregiver, you don’t need to worry about him taking custody unless you were an unfit parent

First of all, F your parents.

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In that case, hed have to pay for paternity test and id sue him for back child support and all. Id NEVER speak to my parents again.

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How do you know that maybe the parents don’t have something up thier sleeves . I mean if there is more to story y would the want the man who left thier grandson to have him? Maybe they want him thier to keep an eye on him or get custody themselves.

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Why the hell are your parents helping him?

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  1. you get back child support from the day you filed for child support so if you haven’t you need to do that.
  2. the lack of parenting from him and support will not guarantee him 50/50 even in a 50/50 state like MO now, that’s basically giving a complete stranger access to a child.
  3. wtf. Do your parents see you unfit because that might be a problem when you go to court especially if they document some stuff they deem a threat to the child.
  4. look into who all you’ve had around your child. Is something or did something happen?
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He won’t be able to get full custody unless he can prove your an unfit mother.

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Sounds like something my parents would do. And also the reason why we no longer speak. Cut out toxic. Sometimes blood relatives are toxic.

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Ahhhh get new parents

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Wtfffff why are ur parents helping him so much… did they forget who their child is… just have record of everything he’s not on the birth certificate def doesn’t have a good chance :sweat_smile:

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There is more to this story if your parents are helping him

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Lawyer up, and ask for 50/50 stop using lingo like my child… and go to court wanting whats best for the child(most courts view both parents being involved best) he will have to establish his rights. But that’s not hard. My husband did it with his kids. Unless he abusive or on drugs, he will get his rights established

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What has happened in the past that your parents don’t think you are a fit parent?? There has to be more to this story that is not being told…

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Is there a valid reason to keep dad away or you just don’t want to deal with him??

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It’s not likely he’d get custody since 1 he hasn’t been around and 2 if he is living with your parents he won’t be able to show he can support the child on his own. It’s crazy that your parents have been helping him?!?!?

He almost 3 he had plenty of time to be in his life

Get a lawyer. I wouldn’t tell your parents anything else And be civil with the baby’s father just to help yourself in court. Write everything down that is said so you’ll have proof. You can’t lose your son unless you are unfit and his name isn’t even on the birth certificate.

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If he’s suing for custody it doesn’t matter that his name isn’t on the birth certificate because the court will rule on a DNA test. Once it’s ruled that he is his child then yes, most likely they will allow for a slow introduction. First, most likely, starting with supervised visits with you & then moving forward from there. A lot of states want a child to have both parents present and so they will most likely give him an opportunity. I highly doubt they would give him full custody unless he can prove you are unfit. As far as living with your parents, that does not matter. He still has a roof over his head and a job. If anything it will show he’s made an effort to be introduced into your sons life because he moved states to be closer to him. Just make sure every form of communication is via text & write a log of every interaction. Date and time everything that you hand write. A detailed log plus text to back it up is extremely difficult to argue against in court.

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I understand what you are saying, but…
He may not have been ready to be a parent. He is wanting to step up now and be involved. Don’t stop your child from having a relationship with the other parent. You and him may be over but he is your child father.

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He won’t get full custody. First thing he needs to do is prove via paternity test he’s the father. The only way a court would grant him full custody is if youre an unfit mother. Honestly don’t worry too much about it. Id be more worried about the fact your parents are helping him not you.

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I believe he has to establish paternity first… since his name is not on the birth certificate. He abandoned you and the child. He is unfit.

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Wow. Your parents are assholes. He can’t get custody, as long as you have proof of abandonment and neglect, and he isn’t on the birth certificate anyway

I feel like there may be more to this story not her parents are helping him

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Unless he is on the birth certificate he has no rights unless proven through DNA testing that the child is his. Get a lawyer!

I’m gonna say it if no one else will…
It sounds like theres WAY more to this story than what we’re being told.

I can almost guarantee you that he will in fact get visitation. Regardless of whether that’s what you want. As well he should. Btw.

As far as full custody. Typically no, he wouldn’t. However if theres something you’ve omitted about this story that would clearly make him more fit, then I wont guarentee you that wont happen.

Your best course of action is to contact a lawyer. Be 100% up front about anything he may say about you and take thier advice. The more willing you are to work with and coparent with dad the better and smoother things will go.

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I’d cut my parents out. That’s ridiculous. But he won’t get full custody but could get joint with visitation even with abandonment past. Document everything

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He can’t if he’s not on the birth certificate

For those saying, ‘there is more to the story because her parents are helping him’, congratulations you have never dealt with toxic, controlling parents. When they can’t control you with money or fear, they for sure go after your weak spot that is your love for your kid. Don’t assume all parents have their child’s best interest at heart. OP cut your parents completely out of your life.

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He has no chance.You are the primary care taker. Document every visit with dad, No worries, Be strong

Get an Attorney. Yesterday. Do NOT Speak to your parents or the ex. Your Attorney will make all contact. Do NOT reach out to them in any way. You have been served legal papers, keep it all legal.

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Your parents are helping him??

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Definitely get some legal advice when I went into custody battle I was put into a women’s shelter with my children the ladies there were right on top of everything and got a good lawyer for me but until I know I had full custody I slept with all 3 of my children holding them tight every night praying to the creator to help guide me through to protect my children from going into a horrible situation, unless he can prove ur not fit to parent always log everything that he does n says keep messages make sure to put the date n time on stuff

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First off he’ll have to do a paternity in the court second if you have proof he only asked to see him twice in 3 years that will help but he is still his father and can and probably will get visitations but Texas is a mother state so unless your unfit he should have to worry about losing custody

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He will not get full custody unless he can prove you are an unfit mother, but he most def will get visitation rights if he goes through the court …had a similar experience, and it was hell having to deal with the courts.

He’s already proven abandonment. There’s no way a court will give him any sort of custody. You’re good, mama.

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He doesn’t even have his own place right now & you’ve been the main provider for this child. He may receive some visitation rights, but full custody :laughing: yea no.

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It sounds to me like he doesn’t have a chance at anything more than visitation. Praying that is the outcome.
I’m more concerned with your parents helping him–that is SO WRONG on all levels.
I agree with Heidi Maas–listen to her advice.

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Wow. Screw your parents for one.
For 2 print all those screen shots of him being a pos to court

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He won’t get full custody.
He should get visitation. He’s his father. You should want him to finally step up.
You will get child support.
Whether you want him in his life or not, he can ha e and should have visitation.

What’s his reasoning for taking custody away from you?

Well let me just say this i live in texas. If he is not on the birth certificate there is no way he can get full custody of your child. Now on the other hand they will get a paternity test. To make 100 percent that child is his then he will get visitation right. You will be the custodial parent though having the child 80 percent of the time and him the other 20. Unless you can prove he is unfit to be a parent to the child. Also on the other hand texas is 50 50 on if women or men get full custodial custody of the child could go either way. So pretty much if he can prove your unfit it could go either way. Now as far as everything you wrote he will be lucky to get 20 percent custody of the child.

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He should have to prove you are unfit to take full custody but he will likely be awarded 50/50 custody if he is in fact the child’s father. Or at least that’s how it worked in KY.

How terrible. I think you are totally safe. It’s just a scary feeling no doubt. :pray:

Why did your parents help him.

And your parents have him living with them, shame on them, as for that piece of shit he won’t be granted custody so don’t worry about it❤️

When my ex decided he wanted custody of our youngest child during the divorce, my lawyer asked one question…“had he ever been in trouble with the law” was he ready for his entire background to be drug up in court" my ex changed his mind & dropped custody fight. Btw we had 3 kids but gf only wanted him to have the baby.
It is the scariest thing though to have someone try to take your baby.

He can go right ahead and habe his fun :rofl:. First a judge will establish paternity, then will ask how he’s helped support the child so far, which he hasn’t, then take into consideration the mental wellbeing of pulling a child from the only home they’ve ever known and in with a stranger, which will never happen unless u are deemed unfit by the state, oh and then if he’s lucky AFTER establishing paternity and child support they will grant visitation.
U got nothing to worry about. If anything u may have to share the kid every other weekend… plus you’ll get support.

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I mean unless you’re on drugs/an unfit mother you shouldn’t worry, your parents involving themselves tells me they have concerns as well though…what would actually be best for the child?

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Your family must not like you at all to be in bed with this creep. He knew exactly what he was doing by using them to get to you and create a solid foundation by keeping himself directly involved with your blood. Do your parents even visit your child? You need a good lawyer to drag this man straight through a giant pile of shit and get him to back down. With your family behind him though make sure you have all your T’s crossed and I’s dotted. It’s disgusting that he’s doing this but now is the time to pull your boot straps up and be as strong as you’ve ever before In this life. Be prepared for him getting some visitation but ask it to be supervised by the court not anyone else at all. Just remain vigilant and strong no matter what.

If he hasn’t served you paperwork I wouldn’t worry about it, mine keeps saying he’s going to take them away cause he has proof I’m a prostitute​:joy::joy::joy::woman_shrugging:

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I didn’t see he had papers served, make sure you respond with what you want, he most likely will not get full custody he could get some but I’d get all your proof together that he hasn’t been Riund and also don’t make it about you two always says what’s best for the child

Mentally emotionally abusive, abandonment, no medical or financial support, no visitation, no paternity, no name on birth cert, no proof youre an unfit mother. He will get visitation once paternity is established and youll get child support. Thats probably as far as itll go.
Also any conversation you have with him or with your parents about the situation need to strictly be about the baby. Thats it. I understand its a scary and stressful situation but you have to do your best to keep conversations limited and keep it together for yourself and your child. I hope it all works out for you and your baby.

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Apply for legal aid if you can’t afford an attorney. Let him hang himself. And he will. Do NOT engage in any arguments or tell him or your parents I guess of ur intentions. Make sure since he wants to go to court he also pays all that back child support.

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Why would your parents help him? He shouldn’t have any chance at all but I really can’t understand why your parents would be helping him.

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Sounds fishy why your parents would be helping your ex I would never speak to my parents again if they did this to me. Get a lawyer. Request all back child support payments. Request only supervised visits. And cut your parents visit off completely .

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It’s best for the kids to see both parents . They need you both share.

What the actual f*ck

They will see that he has had nothing to do with his son… sorry it’s so stressful but keep doing what you have been doing … baffles me that your parents are helping him out

Your PARENTS let him live with them?? :eyes: There’s obviously a lot more to this story than you’ve shared so all I will say is, “Best wishes!” I mean, if whatever you’ve mentioned is true then you don’t have any reason to fret :woman_shrugging:t4:

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How can your ex sue you for custody?

Why did your parents help him?! That’s concerning that they’re even involved with him at all… let alone having him live with them?! Also though a paternity test would need done first and there is no way in hell they would allow him custody but maybe visitation rights if he is biologically the father, it seems there may be more to this story though but I wish you good luck!

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Document EVERYTHING anytime she has called you save all texts dates and times as well with the dates and times he has come to visit, any money he has given you if you have bank records showing the deposits I mean everything!!! I’m sure everything will be fine but it’s best to have all this info good luck :crossed_fingers:

He won’t get full custody unless he can prove you to be unfit, the judge will most likely appoint a court mediator and ask that you two work out a visitation schedule that is age appropriate. Please take a moment to think about how he may be actually trying to be in his kids life and honestly he has a rights just like you, as long as he is not abusive of course. I say call his bluff if you think he is not serious, but a little advice, judges see this daily and while most side with the mom being the primary custodial parent, they also will tell you both it is in the best interest of the child to have BOTH parents in their life.

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The best thing for you to do is agree for him to spend time with his child. Especially if your parents are involved and your son can be at their house with the father. A child benefits so much from having both parents in their lives and you will get a well deserved break to spend time on yourself.

If he’s not on the birth certificate he will have to have a paternity test done and then be put on it and prove you unfit before he can take him away from you.

The fact that your parents moved him there & are allowing him to live with them is probably why he’s going after full instead of 50/50. Sounds to me like your parents are willing to back him if he’s gutsy enough to go for full custody. Have you kept the grandchild from them? Because I’m willing to bet things aren’t perfect between yall. Get a good lawyer. And go after child support since birth since he wants to be involved more than he ever was. In my state CS & custody are separate so they are two different filings.

He has no chance in hell. Find all the friends who backed you up. And fuck your parents, dude. That was beyond inappropriate of them to do this.

Document everything you can remember. Put actual dates. Do you have your own housing, job stability? Sounds like he doesnt. Moved out there on your parents dime and is living with them.

What’s wrong with your parents??

yes, dear - happens all the time you are not alone - my first question to you and a lawyer will ask you this also, so please do not be offended: why would your parents help him and not you and why would they believe you would not be able to raise your child safely and healthy?

The situation is confusing, their are gaps. The court will decide custody issues, most likly he won’t get sole custody. Even though the dad initially left, he’s willing to be a participant and he does have rites too even if he didn’t sign the papers and she hid the delivery. Reconcile before it gets real ugly and the kids grows up resent both of you. Its not worth the next 20 years of hate.

Wow I’d be pissed at your parents!! Best of luck! I think you’d have the case not him!

Let him shoot his shot! He has absolutely zero chances! He will never win infront of a Judge who has seen your blood sweat and tears. Struggling alone as a single mom! As far as your parents being involved that is so so mean! They should see how hard it is to raise a child let alone on $400 dollars worth of child support money! Do not worry momma! You will win Justice will be by your side! :clap:t3:

Depending on what county/state you are in, I may be able to recommend reasonably priced/possibly reduced pricing for competent family lawyers because you will need one. First thing you would want to do is fill out paperwork in your county that would allow you to file your papers without the filing fee being paid. It is usually called “in forma pauperis” - meaning in the form of a pauper - being poor. Get that approved and talk with an attorney to protect your self and your baby.

He has no rights. Find a bad ass ball to the wall lawyer and go after his ass. Back support and all! Make him work for it if he truly wants to be dad!

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You should never have let a low life like that into your child’s life, I question your parents being in you and the child’s life, you need to grow a brain.

Any and everything, big or little that you can find to show hes been gone or not a present father keep it on a file.

That sounds like a lot of BS right there.

No heck of a way the court will give him custody.

He’s barely been in the kids life, and that has to be presented in court. The judge has to take that into consideration.

I see supervised visits for a long time. He sounds like a total flight risk too.

I see lots of back child support and on going payments until this kid is fully grown.

And also, what’s up with YOUR parents helping this low life out? I’d be telling them to go screw too.

Keep your head up moma, I’m in a similar situation with my kids father (daughter almost 2, son is due in December). Get yourself a lawyer and try not to entertain his nonsense. Continue to take care of yourself and baby :hugs::heart:

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You have NOTHING to worry about. The donor doesn’t have a place, barely got a job, and your son had been with you his whole life. After he proves paternity (which he’ll have to pay for), the most your donor will get is visitation, most likely every other weekend since he does really even know his donor. Feel blessed that he’s living with your parents and can be supervised. He Will be put on child support though. There’s a plus!

Being that you got served papers it looks like the grounds for something if I were you I would get a lawyer.

Ik krijg niets van mijn ex voor 2 kids dus wees blij

Document everything going forward. Don’t give him any information. Don’t talk to him. And don’t allow him to see you or your baby. Get an attorney. I believe technically you could still leave and cross state lines - not saying that is what you should do, but since you two have always lived across states lines from one another, that might factor in. He will likely not receive anything more than supervised visits, if he persists. However, you could have your attorney offer him a deal in mediation so that it doesn’t have to go all the way to court. They really encourage you to figure it out in mediation. It is a long drawn out stressful process. Most importantly, take care of yourself and try to relieve your stress in healthy ways. Find a support system. Best of luck to you.

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