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Trying to Gain Custody and Vistation to My Daughter

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  • 09-11-2010, 09:37 AM
    aardvarc
    Re: Trying to Gain Custody and Vistation to My Daughter
    Quote:

    I had told her not to go see her other child's dad(he is a drug user and heavy drinker) in another state, due to him possibly causing harm to her and our unborn child. She went to visit him against her better judgement and of course he laid his hands on her. I had to transfer money to her to a walmart to get her back home. Situations like those are taken into perspective as well, because those are possibly harmful situations??
    Once the child is born, yes, that sort of thing can play a major difference. Courts are reluctantly pretty much powerless to stop an adult from willingly entering, remaining, or participating in an abusive relationship - what the courts are NOT happy about is a parent exposing a child, who doesn't have a say, to such potential violence. If domestic violence occurs within the presence of a child, CPS and the courts can most certainly work together to remove the child from the situation (Google the term "failure to protect"). With that said, however, since there isn't an actual legal child yet, they aren't going to be standing by to snatch the child at birth. Other than potentially heightened charges against the abuser for battery on a pregnant woman (if a report was filed, which it doesn't sound like) it's not going to have as much impact on custody later as you're hoping (unless of course there are ADDITIONAL incidents once the child is on scene).
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