My boyfriend moved out and wants to take my unborn child from me. He has served me court papers and I have responded but now is saying I am an unfit mother and wants to take my unborn child from me...What are my rights?
1 Answer from Attorneys
You have a right to tell the Judge why you are going to be the better parent. He has to establish paternity and unless you did an amniosentesis, there is no way medically to tell if he is the dad. Are you working? Who is going to take care of your child if you go to work? Will you test positive for any drugs? Do you have criminal convictions? The Judge will decide using the "best interests" of the child and there is no legal presumption that because you are the mother, that you are the better parent. At a minimum, argue that you will breast feed. You should expect to pay an attorney about $5,000 to get into the case because there will probably be a trial on who is the better parent.