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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11623
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am unmarried but have been with my significant other

Customer Question

I am unmarried but have been with my significant other for 14 years. We have a 8 year old daughter. I'm pregnant with our second child. He is currently seeing someone else he promised never to see again. I was gonna leave him but he talked me into trying to work things out. I asked him to put it in writing and he said he would. He said he'd give me full custody if he broke his promise. If I wrote it out and had him sign it would it stand in court? He promises he is not seeing her anymore. But I know he is. He got her pregnant last year and they had an abortion. Why I stayed???? For our daughter. What to do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Do you have any court orders in place regarding support or custody of the 8 yr old?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
Please cancel this phone request. I paid for it and didn't get a call. I'm afraid I just been scammed for $60.
Customer: replied 1 year ago.
I am
Customer: replied 1 year ago.
No court orders in place.
Expert:  Loren replied 1 year ago.

The phone call was never accepted. You were not charged, as far as I see.

Customer: replied 1 year ago.
My bank just called me and verified.
Expert:  Loren replied 1 year ago.

That was probably for the original question. If you had accepted the phone call I would get a message to call you.

In any event, thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 1 year ago.
My man don't know I know about his visits with her. How do I approach it? Just file for custody?
Expert:  Loren replied 1 year ago.

Unfortunately, if you petition the court for custody, the court will look to the best interests of the child and, as the statute and common law decisions provide, the courts try to keep both parents involved in the children's life.

So, he will not be taking your children from you. He can not do that without a showing of the risk of harm if the children are in your custody.

The same is true with you. You can show the court the agreement, but they will not enforce it, absent a showing the children are in danger by being in his care.

File for custody. The court will review the living situation. Generally, they will favor some sort of joint parenting.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

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