My husband was very abusive towards me and my child physically and emotionally and I left MA with my toddler son (from a prior relationship) for Virginia where my family is. My husband filed for divorce since I couldn't afford it and he is trying to make everyone believe that I hit myself and that I attacked him. He threatened to kill me and get custody of my son and has filed a motion asking me for alimony, attorneys fees and other things. I am a cashier at Walmart and because of this situation my child and I are currently homeless. I've already vacated the apartment we shared, and he forced me to give him the rest of the rent money and pay for repairs for his bicycle. He also forced me to sign a promissory note under duress agreeing to pay him $500 in installments of $100 for the second car we had that is in his name--I pay the insurance for both cars and the maintenance costs for the one he's letting me use. I had a restraining order against him that was dropped after 3 days because the judge felt there wasn't enough evidence.
From what you said to me I do not think he can get custody of "your" son. If you were to lose custody of your son it would be to the biological father and not him. Second any contract that was signed under duress is null and void if proven.
Based on these facts he has no standing to try to get custody of your son. Only the biological or legal father can file for custody. I agree with the first lawyer that anything you signed under duress is invalid.
Other than the issue of his attempting to get custody of your child, I am unsure as to what your question is!
He has no standing to request custody as he is not the biological father. He cannot make you sign anything or give him money unless you agree to it, as you have with respect to the promissory note
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