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  1. #1

    Default Leaving and Very Unsure

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

    I live in WV and I have a 3month old little girl. At this point I am living with his parents because he asked me to move in with him until we found an apartment here together. I previously had my own apartment but I dropped the lease to move here.

    We have been having problems for a while, and today he informed me he was sick of me and wanted me out. But he then informed me that our daughter will not be leaving. To put it plain and simple, over my dead body she wont.

    My issue is this....because we lived with his parents can they legally obtain custody of my daughter? If I leave can she legally come with me?

    My other problem is if I have to leave right away I will have to temporarily stay with a friend. I had one friend who offered a place for me to go, but that friend is a male friend (not a boyfriend or anything else, just a friend), but according to what Im told if I do move in with a member of the opposite sex I will automatically be considered promiscuous and unfit....is that true? My daughter is my entire world, and, except for when im at work, i act as her sould caretaker because hes always playing video games or out with friends...unfortunately i have no proof of this other than what i say...my family lives no where near me and his family is also agreeing he will get custody no matter what they have to do, these people are sneaky and love to lie, ive seen it first hand. I should have left long ago, but thats a different story.

    I dont see anything that could make me unfit...i dont smoke/drink/do drugs...I work full time and have a fantastic income, however the only reason im in the situation i am in is because im making payments to get a car as well as this issue, hence the reason i was going to stay with a friend for a couple of months.

    Will any of these situations (especially the staying with a friend) affect me in any way?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Leaving and Very Unsure

    Has your boyfriend been established as the father of the child legally?

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Leaving and Very Unsure

    My issue is this....because we lived with his parents can they legally obtain custody of my daughter?
    No. Legally, they are nobody to that child. They are legal strangers, regardless of whether your boyfriend has been legally established as the father.
    If I leave can she legally come with me?
    For now, yes. However, if your boyfriend has been legally established as the father, he can come get her. And you can go get her back. And so on, until a custody/visitation order is established. (You don't have to answer your door when he comes banging on it, though. The police will tell you it's a civil matter, and will not force you to let him take her unless he has an order in place.)

    I had one friend who offered a place for me to go, but that friend is a male friend (not a boyfriend or anything else, just a friend), but according to what Im told if I do move in with a member of the opposite sex I will automatically be considered promiscuous and unfit....is that true?
    No, it is not.

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