wife is hiv +ve & husband -ve
May 5, 2008
i have been married for over a year and have a week old daughter. i have been hiv +ve for the past 9 yrs, however my husband & child are both negative. i did not confess my hiv status prior to marriage since i had i no trust in him. despite resisting premarital sex, his consistent persuasion and disrgard for my regular request for protection we did have sex before marriage. even after marriage everytime i felt the need to confess, i realized i was being a fool since he himself has never been true to me as i always tried to be. yet it bothered me that i was hiding a huge truth from my husband and finally told him. he has been tested -ve. now everything has changed. he is claiming superiority and often threatened full rights over the child. i'm yet sure but find it impossible to believe a seperation is inevitable . does hiv deprive me rights over my infant during separation ? my relationship with my husband is over, my only concern lies in what he demands on grounds of me being hiv ? what should i do ?
Response from Dr. Horwath
Being HIV positive does not affect your parental rights at all. Your husband is just saying this to try and intimidate you. You have every right to have custody of your child if this becomes contested in your separation. Remember that judges still tend to favor allowing mothers to have primary custody over children, especially infants like your baby. As long as you can show the judge that you are a good mother, take proper care of the baby and take care of your own health (e.g. get medical treatment), then you should be able to convince a judge to allow you to have custody. I recommend getting a good lawyer to help you with this.
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