Ok as the title stated i am a soon to be single mom as soon as i can get away. He is emotionally and mentally abusive. I just have a few questions i was hoping you ladies could help me with.
1. He says if i leave him (which im in the process of securing a place for me and the boys that way we can leave and have somewhere to go) he will sign over all rights to our son and have nothing to do with him. Will the state let him do that?
2. With him being mentally/emotionally abusive do i have to let him see our son until we child custody settled?
3. He also says he will never sign the divorce papers. Doesn't he have to??
And any advice or tips about my situation would be welcome.
I am a mom to two boys ages 4yrs old and 6 1/2months old.
It's all a threat so you won't leave him...if you have any records of the police getting involved or anything it should not be hard to get the dicorce...esp if he's abusive...
1) in many states he can sign over his rights and you can still feet CS so that would be a major win for you :-)
Good luck!
Yes, he can sign over his rights, but that doesnt mean he doesnt have to pay child support.... You should try to be civil with him while waiting for custody to be settled, the courts may end up feeling that YOU are being unfair to him if you aren't (even though he may be causing problems) You could always buy an audio recorder and tell him you are recording your conversations from that point on, then if he is stupid enough to say inappropriate things, you will have proof.... No he does not HAVE to sign, that just means it is a longer process....
Quoting mommaJewels2011:
3) he can go ahead and not sign the papers. It will just take longer to get a divorce.
1) in many states he can sign over his rights and you can still feet CS so that would be a major win for you :-)
Good luck!
WHere I live in MI you can not just sign over your rights. If something were to happen to you, your child would be legally a ward of the state, and they don't want that to happen. You could however just have full legal and physical custody with no visitiation. If someone is willing to adopt your son then they will allow it. I know it is different in every state. My ex husband never signed the papers. It actually helped me. Everything I asked for in the divorce ended up being a default judgment for me becuase he never argued.
2. Technically you don't have to, but it looks bad on you in court if you can't prove you made an effort. Now, he refuses to see the child, that's on him.
3. He can drag it out. But eventually a judge will get sick of seeing you and divorce you whether he signs or not.
Your best bet is to seek the advice of your local domestic violence shelter.
I would advise that you set a visitation order prior to him taking the kids If he is pulling these obvious manipulation tactics. He is text book of the man who is realizing he's losing control of you.
Good news, im so excited!
- bbyblueAK
on Jul. 29, 2012 at 11:39 PM