Custody ques?

I have a 4mth old from my ex boyfriend and he is taking me to court for child custody, visitation etc.
I got pregnant while I was separated from my husband and me and hubby got back together and worked things out.
Therefore the only name on the birth certificate is mine.I have not been served yet or started this court process except for a paternity test.thats it.
Do I have to participate in this process or can i move and raise my son on my own.(it would be in his best interest)
is this legal?
any advice on how to avoid the father getting any rights?
He is really giving me a hard time.thx

He is the father, and unless you can prove him unfit, the court will allow him in his child's life.

Yes you have to participate in the process. Once it is determined he is the father he will be put on the birth certificate whether or not you want him to be. You will have to prove him unfit to be able to get full custody of your child. Even then, he will still have visitation rights. I don't know what kind of guy he is, but the baby is just as much his child as yours.

NOt unless you move so far away that the courts in the state that he is in do not want to help.. that usually is the case if you are several states away and he is using friend of the court to help him..

OR unless he gets his own lawyer and then he pays to find you and do an DNA test and takes you to court..

IN SOME STATES IF THE CHILD IS BORN WHILE YOU ARE MARRIED IT LEGALLY BELONGS TO YOUR HUSBAND. NOW i WOULD SUGGEST YOU CONTACT LEGAL AIDE AND TRY AND GET PROPER LEGAL REPRESENTATION. CHECK ALL REFERENCES ON LINE FOR YOUR STATE AND PROTECT YOURSELF AND YOUR CHILD'S RIGHTS. GOOD LUCK.

Yes you have to participate and show up for court or your ex will win by default. Moving won't help either for the same reason. More than likely he is doing it more out of spite and to get back at you for leaving him and going back to your husband. I don't have any use for a man that uses his child as a weapon against the mother, as a matter of fact one that does should be drug out in the street and shot. I doubt he is doing it out of love for his child. Once the DNA comes back and proves it is his, let him know you are filing for support from him. You probably need to get a lawyer cause you are going to have a fight on your hands if he goes through with this. About the only thing you can hope for is once you tell him you are going to file for support he drops it. How has your husband accepted this child? If he is treating the child as his, you might look into him adopting the baby if the sperm donor changes his mind.

I agree with the others, but if you've already done a paternity test and this child is his, he can follow you wherever you move and still drag you through court. Don't worry, though, as long as you are fully capable of taking care of your child, it will be really hard for him to get it. He will have to prove himself fit while proving you unfit. More than likely, you will get the physical custody but have to share legal custody, and all that means is he has the right to help choose doctors, school, etc., if he chooses to, and he will probably get visitation with the child. Don't worry. Unless you're a bad mom, he won't be able to take the child completely.

By law if he is the father he has the right to visitation. In order for him to get custody he would have to prove you are an unfit mother. States have guidlines on visitation such as he will get the child every other weekend from Friday at 6pm untill Sunday 6pm, and the holidays are divided you may get Thanksgiving he will get Christmas. If you feel that your son would be best to not have contact with his biological father. You will have to show the court a very good reason for this. You will find unless they feel he will be abusive or run off with the child he will probably get visitation. You didn't mention if he pays support or not, I would file for support if he isn't. I figure your husband says he will take care of the child very commendable need more guys like that in the world, but if the babies biological father thinks he will have to pay money he may be more apt to give up his parental rights especially if just doing this to hurt you.