Estranged husband thinks he gets full custody

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sweetheart24

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Hi, I have just recently filed for divorce. My estranged husband intimidated me into filling out a affidavit to put him on my sons birth certificate. He isn't the actual father. Yes, I know I lied on a government document, he didn't give me a choice. I'm soon enlisting into the National Guard and I wanted to give my mom temporary custody while I was away and basic training and AIT (Advanced Individual Training). My husband says he gets full legal custody of my son while I'm away. I don't want him anywhere near my son. Hes violent and dangerous and I'm afraid he would cause way more harm then he already has. What can I do to stop this from happening?
 
You know what you need to do.

Have a DNA test done.

He has rights equal to yours.

He is the legal father by virtue of your marriage.

He can thwart your efforts to enlist.

If I were you, I'd let him keep the child, if you want to enlist.

Otherwise, he can interfere with that.
 
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How long be4 you go to basic training? DNA can take awhile and without the test proving he is not the father or a court order(which he would have to be convicted of abuse or something else to the child not allegations) then as armey says he has just as much of a right to the child as you do. Good luck.
 
Your husband is, as of right now, legally correct.

If you enlist, he gets custody by default.

Now, what proof of violence and danger do you have?

How OLD is your son?

(There's a specific reason I'm asking that last question)
 
Well, hes been in an out of prison since he was 18 and did a total of 14 years for violent crimes but I'm pretty sure that doesn't count as proof. Mainly the only proof I have is my friends and family and his as well seeing and hearing the abuse. My son is just shy of 18 months and really doesn't need this kind of person in his life. He has never physically abused my son, (that I know of) but was verbally abusive to both of us and physically abusive towards me. He has since moved out of town but still contacts me by mail and phone and threatens my life almost every time. I do have written proof of the threats in letters he has written me. I'm in the process of trying to get a restraining order and protection order but it is taking longer then expected. I'm worried that if he were to get custody of my son that not only would I never see him again, but the abuse would continue and my son will suffer. I am ready to take action but need help and advice.
Signed: A very worried mother
 
sweetheart24 said:
Well, hes been in an out of prison since he was 18 and did a total of 14 years for violent crimes but I'm pretty sure that doesn't count as proof. Mainly the only proof I have is my friends and family and his as well seeing and hearing the abuse. My son is just shy of 18 months and really doesn't need this kind of person in his life. He has never physically abused my son, (that I know of) but was verbally abusive to both of us and physically abusive towards me. He has since moved out of town but still contacts me by mail and phone and threatens my life almost every time. I do have written proof of the threats in letters he has written me. I'm in the process of trying to get a restraining order and protection order but it is taking longer then expected. I'm worried that if he were to get custody of my son that not only would I never see him again, but the abuse would continue and my son will suffer. I am ready to take action but need help and advice.
Signed: A very worried mother
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You need an attorney.

Immediately.

Because frankly if Dad wants custody - he's going to get custody.
 
If you have not enlisted then dont. Get this striaght b4 you enlist. As pro stated get an attorney and take care of this then enlist. Good luck.
 
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