Husband threatens to take son away..is it possible?

[laxobellavida]

What is the name of your state (only U.S. law)? Florida

My husband has a very controlling personality. He takes multiple pills for his pain, which unfortunately makes him act impulsive in a way, and unable to think straight. We were arguing one night and he had called the calls, claiming that I had hit him, which I did not. Well the female cop took his side and arrested me, causing me to spend 2 days in jail. The case was dismissed and he was forced to pay the court fees. This event occurred in North Carolina. This was my ONLY offense. I literally don't even have a speeding ticket... Well, now I am pregnant and he threatens me that he will take my son away from me. I am a full time student, and I have a completely clean record besides that one time. Could he really take my son away from me? I'm worried that he will be able to use that case against me and win...

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

My husband has a very controlling personality. He takes multiple pills for his pain, which unfortunately makes him act impulsive in a way, and unable to think straight. We were arguing one night and he had called the calls, claiming that I had hit him, which I did not. Well the female cop took his side and arrested me, causing me to spend 2 days in jail. The case was dismissed and he was forced to pay the court fees. This event occurred in North Carolina. This was my ONLY offense. I literally don't even have a speeding ticket... Well, now I am pregnant and he threatens me that he will take my son away from me. I am a full time student, and I have a completely clean record besides that one time. Could he really take my son away from me? I'm worried that he will be able to use that case against me and win...

No, he would not be able to use that case against you. The case was dismissed. Are you separated or getting divorced? What are the context of his threats?

 

[laxobellavida]

Thank You. No, we are not separated or divorced, we are still married. But, every time we bicker, he brings that up. He was previously married with another kid, whom he tried to do that to as well..

 

[stealth2]

All this happened BEFORE you got pregnsnt? Not going to be relevant. But.... why would you marry, let alone have a child by, a man you KNEW has this history?

 

[Ohiogal]

Thank You. No, we are not separated or divorced, we are still married. But, every time we bicker, he brings that up. He was previously married with another kid, whom he tried to do that to as well..

That child is HIS child as well and legally he will stand equal with you. So if you divorced it is possible he can get custody of HIS child. The uterus does NOT rule.

 

[LdiJ]

That child is HIS child as well and legally he will stand equal with you. So if you divorced it is possible he can get custody of HIS child. The uterus does NOT rule.

However, dad getting primary custody is NOT the same as taking the child "away" from mom. And...whoever is the primary caretaker is likely to be the parent who ends up with primary custody.

 

[Ohiogal]

However, dad getting primary custody is NOT the same as taking the child "away" from mom. And...whoever is the primary caretaker is likely to be the parent who ends up with primary custody.

Maybe maybe not> I say that because there may be a presumption of shared parenting and they could end up with 50/50 time. PLUS how many times do we see here that someone is crying that their child was TAKEN AWAY FROM THEM because the other parent has custody? Oh and I never guaranteed that dad would get custody. All I said was that it was possible.

 

[stealth2]

Maybe maybe not> I say that because there may be a presumption of shared parenting and they could end up with 50/50 time. PLUS how many times do we see here that someone is crying that their child was TAKEN AWAY FROM THEM because the other parent has custody? Oh and I never guaranteed that dad would get custody. All I said was that it was possible.

What others claim is moot wrt this poster, though.

 

[LdiJ]

Maybe maybe not> I say that because there may be a presumption of shared parenting and they could end up with 50/50 time. PLUS how many times do we see here that someone is crying that their child was TAKEN AWAY FROM THEM because the other parent has custody? Oh and I never guaranteed that dad would get custody. All I said was that it was possible.

I didn't intend to imply that you guaranteed that dad would get custody. If I gave that impression I apologize.

While I agree that "my child was taken away from me" is common, its also very common that when a parent makes the threat to take the child away from the other parent, that they mean to take the child completely away. Its almost always an empty threat designed to scare the other parent, but some times they actually mean it.

 

[not2cleverRed]

Where is OP now? In her other thread, she is thinking about moving to Florida.
https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/dental-hygiene-licensure-application-dismissed-case-604676.html#post3253542

So either she isn't currently in FL, or she mistyped on the other thread. If she isn't currently in FL, then she shouldn't be using that at her state.

Although the case was dismissed, it would be curious to see how long ago it was, how long they have stayed in this clearly dysfunctional marriage.