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  1. #1
    Join Date
    Aug 2011
    Posts
    8

    Unhappy Unwed Parents, Father is Seeking Custody

    My question involves a child custody case from the State of: Tn...My son is 17mnths old i have been his primary caregiver me and father were never married..we lived together for the first 7mnths of his birth..he recently filed temp custody saying i may leave the state with my son..if unwed mothers have custody then how is this possible??

  2. #2
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Im an Undwed Mother of 17mnth Old Father Filed Temp Restraining Order

    If he is on the birth certificate and signed the AOP then he is legally the father of the child and can therefore file for temporary custody, however that is not to say that he will be successful. Do you have plans to leave the state with the child?

  3. #3
    Join Date
    Aug 2011
    Posts
    8

    Default Re: Unwed Parents, Father is Seeking Custody

    no i dont plan to..we went for a family vacation and to see my father who was sick...we were gone 2mnths but he was incontact the entire time. he is now claiming he never had contact with me. i have a job and home in the state we live in and have lived here for 3 years.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unwed Parents, Father is Seeking Custody

    I cannot see him being successful unless he can articulate to the court that you actually have solid plans to leave the State permanently.

  5. #5
    Join Date
    Aug 2011
    Posts
    8

    Default Re: Unwed Parents, Father is Seeking Custody

    he has our son now due to a temp restraining order saying ima a flight risk...he has had him since thursday and i he refuses to let me see him. i have always been a good mother and caregiver to our son. he is filing for full custody and for me to have supervised visitation by him at his home. he claims im doing drugs (which i have never done). he has no proof of this its just an accusation. i have never had a problem with him seeing him..i just asked for a lil finacial help then this is what i got..

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unwed Parents, Father is Seeking Custody

    I just re-read your posts.

    You really need to try and obtain an attorney; two months out of State is not generally considered a vacation. He apparently convinced a judge that you are a flight risk (at least enough of one to obtain temp custody), and if you can't show that you were in contact with him (phone records? Texts? emails?) he may well be awarded primary custody and get what he wants.

  7. #7
    Join Date
    Aug 2011
    Posts
    8

    Default Re: Unwed Parents, Father is Seeking Custody

    well i do have records where we spoke at least 7 times while i was there..we spoke more but those were all i could pull up....i am from another state and this is not the first time me and my son has went for a long period of time..only this time he doesnt like the fact i have a boyfriend so this time it matters more to him

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