Q. My recent boyfriend’s ex-girlfriend is pregnant with his child.  He wants to have custody of the baby, since she doesn’t want to keep the baby and is planning on putting the baby up for adoption.  Can she do this without my boyfriend’s consent?  What are his legal rights when it comes to the unborn child and proving it is his baby for custody?

A.  If she is planning on putting the baby up for adoption after it is born, then she may try keeping his name off the birth certificate, stating the father as unknown, in order to do that.  What needs to be done first is a paternity test.  Either an in-utero paternity test, or a paternity test immediately after the baby is born, is necessary in order to get his name on the baby’s birth certificate. I would also suggest filing a Petition for Paternity immediately to get “on the record” the fact that your boyfriend is claiming he is probably is the Father.

Once his name is on the birth certificate, he has a say.  If she has written to him in a letter or email or even a phone text that she wants to give up the baby, make sure you make copies and use it in court—she may go to court saying that she never wanted to put the baby up for adoption, only to be hit with her own written evidence stating she did.  Even if she decided to, say, keep the baby but give over legal rights to her parents, the court would still favor on the side of keeping the baby with a biological parent, so your boyfriend would have a wonderful set-up for getting full custody of his child!

Q & A: My boyfriend's ex-wife is not following the court ordered visitation schedule

Q.   My boyfriend has an ex-wife with whom he has a son with, and she lives about two hours away.  It is court-ordered that my boyfriend get his son every summer.  This puts a bind on him, however, since his job would force him to have to pay for daycare during the day while he’s working.  I work nights, and can watch his son during the day so that he doesn’t have to worry about making arrangements for daycare.  His ex-wife, however, refuses to let me watch her son, and would rather her son stay with her parents instead, who live in town with her and basically keeps my boyfriend from having any time with his son at all.  Does she have a right to pick who can watch her child even though it’s during the child’s father’s time with them?

A.  Unfortunately, it sounds as though the ex is being highly unreasonable.  If she has a real concern with her son being with you, that’s one thing, but she may just be doing it out of spite, anger, or resentment against your boyfriend.  You’re “the other woman” and maybe she is afraid that her son might get attached to you.  It might be best to sit and talk reasonably with her to find out her true concerns.

However, I think the biggest concern here is the violation of the court ordered agreement.  If they have it court-ordered that he gets his son during the summer, then she is basically neglecting to stick with that court order and could be considered in violation if she is trying to keep their son where she lives just because she doesn’t want you caring for her child out of spite.  If he were to get daycare for his son, would she insist on “approving” of them too?  If not, then it’s a situation of spite.  If so, then maybe she is overly concerned as to who is caring for her son outside of her home.

Q & A: Fiance's ex-girlfriend gave up rights of daughter to her parents, can he get his daughter back?

Q. My fiancé’s ex-girlfriend gave birth to his daughter while he was not around, and so his name is not on her birth certificate.  His ex-girlfriend gave over legal custody of his daughter to her parents, and they are now the legal guardians.  My fiancé wants custody (joint, full, whatever he can get) of his daughter.  Without his name on the birth certificate, what are his rights and how can he get his daughter back?

A.  It’s important to know that regardless of the situation with the grandparents, the courts will typically side with a biological parent taking care of the child.  This being said, the first step that needs to be taken in this situation would be to have your fiancé prove that he is indeed the father, regardless of what is stated on the birth certificate.  This can be done with a simple paternity test, which your fiancé could go to court and request legally.

Once paternity is established, then he would go to court against the grandparents.  In a situation like this, he could probably go for full since it sounds as though his ex-girlfriend doesn’t want much to do with the child already and/or feels like an incompetent or irresponsible parent already (maybe she’s young?).  In addition, since he’s your fiancé, he may fare better in court once you were married, as he could fight that the child would be entering a two-parent situation, a stable household and a two-income family.

Q & A: As a girlfriend, do I have a say in my boyfriend's custody arrangement?

Q. My boyfriend’s ex wants 50/50 custody of their son.  There is no court arrangement or child support arrangement that was made after they broke up, and he has always let her see him whenever she wanted.  They have had a fair and friendly relationship until now, when she has decided she wants to take it to court.  As his girlfriend of 3 years, do I have a say in this arrangement?

A.  Even though, after three years of being with your boyfriend, you feel like their son is your own, you technically have no legal influence on the situation.  Now, if his ex wanted to take the issue to court and you two were married, that would definitely be taken into consideration in the courtroom, since you are then a stable family, dual income home, not living in wedlock, and so on.  If his ex is taking it to court now when the joint arrangement has worked out well, she’d have a hard time proving she deserves full custody.  The court may very well keep the custody arrangement as joint, since it has worked for so long, and maybe that’s just what his ex wants—a written, legally binding document to protect her—and your boyfriend’s—legal rights to their son.

Q & A: We're concerned about my fiance's ex and her abusive boyfriend's effect on his daughter!

Q.  My fiancé’s ex is living with an abusive boyfriend, and there is concern as to his daughter in that living situation.  She has full custody, but what can my fiancé do to make sure his daughter is safe and in a better living environment?

A. First off, call Child Protection Services.  It is better to be safe than sorry, and if there are signs or talk of abuse going on in a house with his daughter, action is needed.  Don’t be too quick to call CPS.  But remember, the more proof and better case that you have, the higher the odds of getting something done.  Remember, CPS is a governmental agency and, oftentimes, you’re getting into more than you bargained for—for example, the CPS can dig into an evaluation—including an evaluation of “your” living conditions and environment. Call them if there are signs or talk of abuse going on in a house with his daughter—in cases like this, action is needed for the safety of the child.

In addition to contacting Child Protection Services, your fiancé can also file an Emergency Order through the courts in order to obtain temporary full custody of the children until the issue goes to court.  But as outlined above, think in terms of “shock factor”—don’t go to court with frivolous BS or you will not be taken seriously in the future. By the time the issue gets to the courtroom, you should have additional information from Child Protection Services.  You can also see what you can find out along the line of any calls made to the police from her for abuse—if there is a police report stating they had gone to the house for a domestic abuse situation, then he’s got a strong case to get custody, even if it’s just for a little while.  But make the most of that time and fight for custody past the Emergency Order and into the future if you both feel she’s better off with you and your fiancé.

Q & A: Can my husband get custody of his kids if there are signs and reasons to believe child neglect?

Q.  My husband’s ex-wife has full custody of his two children, but we have been getting wind of some issues going on at her house that are causing reason for concern—the kids are mentioning situations that reflect child neglect, and she even sends them over without underwear because she says she cannot afford them.  They also talk about eating junk food all day, fast food for dinner, going to bed whenever they want (sometimes past midnight!) and they are struggling in school.  My husband has talked to his ex about his concerns, but she blows them off and laughs.  Can my husband get custody of the children because of these reasons?

A.  Yes!  He CAN get custody of the kids because of these reasons, and if he’s dealing with an ex that treats her children’s problems with laughter, he will definitely come across to the courts as the more caring, concerned parent in this situation.  This is not, however, a simple situation and this is not a cut and dry answer. You need to think in terms of “shock” factor when going to court.  The situation must be severe in order to get the judge to actually do something. Remember, family court is very “pro-mother,” so a father really does have to have a great case to win.

Before taking the issue to court, however, it is best that you do a little background work.  Keep a document on your computer where you keep track of when you have the children, what they say, what the ex-wife says, and any other notes or reasons for concern.  Do this for a few months until your husband has a plethora of ammunition against her.  This file can hold up in court as documentation of day-to-day occurrences of such situations.  Constant contact with day-care providers, teachers, and other important figures in his children’s lives should also be fostered on a regular basis—the more these people see the father, the more likely they are to testify for him in the courtroom.

Also, if there is concern for neglect (depending on the severity, it wasn’t stated here), you can call Child Protection Services to check out the situation, or if you have witnesses of such neglect, they may be able to sign written statements to the fact in order to take it to court and file an emergency order against his ex-wife.

Q & A: My boyfriend's son doesn't like me!

Q. My boyfriend’s son from his previous marriage does not like me.  I know I’m not their stepmom by any means at this point in our relationship, but how do I get on his son’s “good side” so that he doesn’t say nasty things to my boyfriend’s ex which could cause her to start problems with their custody?

A.  This answer may be a little vague, considering the vague summary in question.  A lot of this may depend on his son’s age—are we talking about a teenager or a toddler?  If it’s a toddler, give it time.  If it’s a teenager, you can sit with his son and have a heart-to-heart talk.  There may be fears that the teenager has concerns about, such as not getting too close to you in case you end up not sticking around, which can cause more feelings of disappointment and detachment like he felt during your boyfriend’s last divorce.

Also, has the badmouthing about you already started, or are you just concerned that it may?  If it has already started, there’s not much you can do except talk to the child and let them know that they have been misinformed, or that they are mistaken about the topic in question.  If you need to, maybe all of you can sit down with the child and clear the air.  This would all, of course, depend on what is being said, the age of the child, and the specific situation that you and your boyfriend are dealing with. Most importantly, don’t push!  This never helps.