What is the name of your state? California
My boyfriend has been separated from his wife for about 2 years now. We live together and would like to obtain full custody of his son and eventually get married as soon as made possible. The matter is that his wife is not willing to sign divorce papers and I assume this will extend tha divorce process even longer. She commited adultery in the marriage and he sent for a paternity test that came back positive for his son thats soon to be 1yrs old. His wife as a disorder where she pulls her hair out and has a heart condition that does not allow her to work nor do any extra activities. I believe its a pace maker she has.She is constantly in the hospital. I dont believe shes fit to care for their son and she has had the child been removed from the home into foster care for a few months. She had no place to stay until she started to get social security benefits, wich just barely pay the rent and leaves her with no other money. My boyfriend had to pretend to still be with her and make things seem that he lives with her in order to get the child back in their custody. Wich she does now. How will social services be involved if he was to get a divorce as he has planned? They said if they were forced to remove the child again they would not get him back. Does he have to continue to be married to her in order to have his son with him? We want to get married and have his son with us. But it seems like a challange. He also about 8 months ago received a DUI and finished all his court orders as requested. It was his first time. How will this factor into the custody procedures? He also has some immigration issues. He needs to re-new soon and his wife is not willing to sign unless he goes back to her. What will happen to the child if she doesnt sign and he gets deported? Is he forced to be married to her just because social services sais so?
I apreciate your time and a response.
thank you in advance