Legal Question in Family Law in Mississippi
What are my rights?
My boyfriend and I have been together for about a year even though he's still married. We have a 2 month old son. The problem is my boyfriend is very controlling and jealous which usually leads to us getting into arguments that turn violent. I have recently been staying at a friends house just to get away from him but it's no use. He's always making threats. I've been trying to keep the peace until i can figure out what to do but it's really hard. He thinks we are getting back together but we're not. If I don't bring our son over there then he thinks I'm keeping him from him. When I do bring him over there we always fight because he wants me to stay there with him and do things that people in love do. And if I don't then he says he won't watch our child for me when I go to work on the weekends, or he says when I get my own place I can't have any of my things, or that he is gonna take the baby and never let me see him again. All the stuff in our home that we have been living together in for 3 months is mine. Do I have any rights to take it? Will a restraining order keep him away from me and the baby? Can he take the baby from the sitter legally without me knowing? Do I have to live like this forever? I can't afford an attorney.
1 Answer from Attorneys
Re: What are my rights?
You can get assistance from the Child Support Enforcement Division of the Dept. of Human Services in establishing child support. If you have the father's social security number, date of birth, full name, and name of his employer, you can greatly assist them in establishing child support. The women's shelter can help you with a protection order and provide shelter in case he turns violent. If there is another violent matter,you can also file domestic assault charges against him which will result in a protection order against him.
Regarding custody, change baby sitters so he won't know where to find the child. The father's name on the birth certificate doesn't give him any specific rights to visitation or custody. He has to get any such rights through the courts. If he attempts to take the child from the baby sitter, you might be able to keep the child from him by giving the baby sitter specific written notarized instructions along with a copy of the birth certificate. If the father demands the child, the sitter may rely on your instructions and refuse to turn the baby over. Also, the police they will not legally be able to get involved in the matter if they are persuaded that the child's custody is a dispute between two parents. Instead, their involvment will be to keep the peace, i.e. direct the father to leave if he is trespassing or disturbing the peace. Lastly, have lots of information police can use to find the baby and him if he takes the baby.
Regarding property, he doesn't have any rights to any property that is exclusively yours. While he is at work move any property you can't afford to lose to a rental storage unit until you complete your separation from him.
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