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  1. #1

    Default Will I Still Be Able to File for Full Custody Before He Gets Out of Jail

    My question involves a child custody case from the State of: New York

    This is a long story but i'm going to make this short.
    My daughters father and I were together for one year and two months before I decided to seperate myself from him. Only because he was abusive to me during my pregnacy and constantly threatened to kill me and that he would punch me in my stomach so that I could have a miscarriage. September'08 I filed for a Temporary Order of Protection against him and got it. During the time that the T.O.P was active I had given birth to my now three month old daughter and I am the only one that has singed her birth certificate.
    My ex boyfriend (my daughters father) was sentenced to one year in jail on Oct.15.'08. Even though he is still in jail he still threatens my life and to get my daughter taken away from me. Mentally I know that he isn't stable... he always threatens to commit suicide. He has proved to the courts himself that he isn't stable emotionally and mentally.
    I am scared for my daughter because I do not trust him with her at all.. So my question is will I still be able to file for full custody of my daughter before he comes out of jail?

  2. #2
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    Default Re: Will I Still Be Able to File for Full Custody Before He Gets Out of Jail

    You have asked a lot of overlapping questions, but seem to have suggested that, to date, paternity hasn't been established. Until he's legally determined to be the child's father, whether by affidavit or by court action, he has no custodial rights.

    If you want to establish parentage and get a custody order into effect during the year he's in jail, you have ample time to do so.

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