He has a child support order that is $4,500 behind. I have yet to file for divorce because I know that it will result in coming to some sort of custody arrangement where as right now, he has no relationship with my son, and leaving the ball in his court, I don't think that he will make an effort to be in his life in any way, will continue to not pay the support order, and basically leaves us alone besides a email here and there that I have never replied to. My big question is what can I do to obtain custody of my son, so that if I filed for divorce they wouldn't try to set up an arrangement? Is there a way for me to gain custody before the divorce? Should I just stay married, let him get further behind on the support order before seeking console? My son thinks that's my boyfriend is his dad, he doesn't even know his biological dad exists. I don't want to wait too long and have to drag him through the court system and mess up his innocent little world. Right now, I have a perfect family and thinking about this monkey on my back makes me sick, but I know he is going to come back to haunt me if I don't make the first move legally. Please help! Any advice would be appreciated
You should retain a local family law attorney to review all this with you and discuss your options, but you probably need to proceed with the divorce. The court will determine custody and support issues. Use the Find a Lawyer tab.
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The best thing you can do is have a private consultation with a couple different local attorneys to gauge your options. Consult with attorneys knowledgeable in adoption as well as family law.
This answer by Attorney Martin is for general purposes only and does not establish an attorney-client relationship.
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