Columbiana, AL asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Alabama

Q: I have recordings proving abuse & negligence by my baby's father. Can I use this to keep him away from her/protect her?

He recently got a domestic charge (3rd degree) with another woman (called in by his neighbors). I spoke to a previous girlfriend as well & both tell me horrible things he's done to them (text).

He put our infant daughter in danger many times & screamed at her, tossed her onto the couch, neglected her, "shoved" her at me, etc (all between 0-2m) so I stopped allowing him to hold/care for her but he'd come after me while I was holding her. Hes violent, unstable, drinks heavily & does drugs (marijuana, cocaine & more). I couldn't call the police because he would hurt me to get my phone. He recently took her to some string lights & let her chew on them (at 6m old).

I feel like I have to allow him visitation because I can't afford an attorney & don't know who to talk to. He's forcing us to come to his house alone & harasses me.

He sends abt $130/m & thinks that's fair but I'd give up any support to ensure her safety.

What rights do I have as her mother?

1 Lawyer Answer

A: You have all the rights. Do not let him bully you into seeing her and possibly hurting her. You do not have to let him see her and it is bad for you if you do, knowing what he does. Go to DHR and sign up for child support. They do not do visitation nor custody. He will have to get a lawyer to get that, and when he does, show the judge all of the recordings and evidence that you have. Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.