Is there a possibility the father of my child will get visitation rights? 8 Answers as of May 14, 2013

The father of my child and I were never married. I left him when I was about 3 months pregnant. He was very mentally and verbally abusive to me. During my pregnancy, he started to call my unborn son at the time names such as mongrowl, abomination, spic and etc.. He also went as far to say for me to "stick a coathanger inside of me and kill the worthless piece of life I was carrying". I also I have a video of him saying that he would slit my son's and my throat and he then proceeded to call my son names again. My question is, if he takes me to court will he get visitation of my son? I am in fear for my son's life at this point. He's not on his birth certificate, nor did he come to the hospital to see my son either. He's never seen my son at all and he's three months now. All of the things I stated above I have proof of. I've saved every text message as well as the video and phone conversations that I recorded. I just want to know what I have to do to protect my son. Thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
CHANNELL LAW FIRM | WARREN T CHANNELL
Get a domestic violence injunction to keep him away from you and your child. Consult a family law attorney in your area to ensure its done properly.
Answer Applies to: Florida
Replied: 5/14/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
There is always a possibility that he will get visitation. It will be up to your attorney to explain why it should not happen.
Answer Applies to: Idaho
Replied: 5/14/2013
Kunin &Carman | Ishi Kunin
If he has not been around, then do nothing. After a period of time passes, you can petition the court to terminate his parental rights.
Answer Applies to: Nevada
Replied: 5/10/2013
Gabel, Gudmundsen & Gabel, P.C. | Laura Gabel
With proof of the things you say, I think it is unlikely that the court would grant parenting time (at least not without some solid proof from your ex that he has changed in significant ways). Unless and until your ex petitions the court to establish paternity and get parenting time, however, he has no rights. It doesn't sound like your ex is likely to go to that trouble (and expense). So, my advice would be to go ahead and live your life and not worry about your ex unless and until he files something. If you meet a better man and get married, that man can eventually adopt your son and formally terminate your ex's parental rights.
Answer Applies to: Michigan
Replied: 5/10/2013
The Law Offices of Tres A. Porter | Tres A. Porter
You need to talk to family law attorney in your area IMMEDIATELY. There are things you need to do right away for your piece of mind and to help ensure the safety of you and your child. Get online, get a phonebook, do whatever you need to, but you should be obtaining an attorney as soon as possible.
Answer Applies to: California
Replied: 5/10/2013
    Webster & Associates | Anita Webster
    You should consult with an attorney about terminating his parental rights. You will not get child support from him if you terminate his parental rights. If you are getting welfare, the state can object to the termination since they would pursue him for reimbursement.
    Answer Applies to: Nevada
    Replied: 5/10/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    File for a protective order. If he files in court present the text messages and video to the court. That should be enough for supervised visitation. Also remember if he files you request back and current child support.
    Answer Applies to: Nevada
    Replied: 5/10/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The father will have parental rights and responsibilities if paternity is established. That said, given his past actions and statements it would be extremely unlikely that he would be allowed parenting time. On the other hand, he will be assessed and be responsible for assisting in the support of his child. I would suggest that you bring the matter to the attention of either my offices or that of another attorney and commence an action for paternity and support.
    Answer Applies to: Michigan
    Replied: 5/10/2013
Click to View More Answers: