What is the name of your state (only U.S. law)? California
I have been with my boyfriend for nearly 9 years now, we have a beautiful son together he will be turning 5 soon. I have decided to separate from my boyfriend because we are not getting along. We constantly fight, he belittles me in front of my son, and he tells my son I’m worthless and that he’s both mom and dad. One of the reason’s of our separation is that he’s an alcoholic, his family and I were about to perform an intervention but before we could he stopped cold turkey, thank god. But now our relationship has tanked, I asked him about counseling for the both of us but he refuses. The situation is I work from 9-5, Monday thru Friday; I provide medical insurance and pay half the bills. He works two nights a week at a night club. Our child is in pre-school from 7am to 6pm Mon-Fri. We rent a home but just recently found out that the owners will be selling the house so we must move. Before deciding to part ways I want to know about my rights. It’s not that I don’t want him to see his father I just don’t want to fight in front of our son anymore. I know we can come to an agreement but when we talk about it we argue. I even asked him if we can talk in front of a professional mediator but he refuses. He only points out the negative in me, the fact that I work 9-5pm, and if I’m not home by 6 he’s calling me on the phone asking for my whereabouts when I’m stuck in traffic. I found a place for my son and I, I even told his father that I will be out by the end of the month. He just laughs and says, yeah right.
Do I have to have written consent from him to have custody of our son? Can I legally move out with my son? Do I have to file a legal separation even if we are not married? I just don’t know what to do.
I have been with my boyfriend for nearly 9 years now, we have a beautiful son together he will be turning 5 soon. I have decided to separate from my boyfriend because we are not getting along. We constantly fight, he belittles me in front of my son, and he tells my son I’m worthless and that he’s both mom and dad. One of the reason’s of our separation is that he’s an alcoholic, his family and I were about to perform an intervention but before we could he stopped cold turkey, thank god. But now our relationship has tanked, I asked him about counseling for the both of us but he refuses. The situation is I work from 9-5, Monday thru Friday; I provide medical insurance and pay half the bills. He works two nights a week at a night club. Our child is in pre-school from 7am to 6pm Mon-Fri. We rent a home but just recently found out that the owners will be selling the house so we must move. Before deciding to part ways I want to know about my rights. It’s not that I don’t want him to see his father I just don’t want to fight in front of our son anymore. I know we can come to an agreement but when we talk about it we argue. I even asked him if we can talk in front of a professional mediator but he refuses. He only points out the negative in me, the fact that I work 9-5pm, and if I’m not home by 6 he’s calling me on the phone asking for my whereabouts when I’m stuck in traffic. I found a place for my son and I, I even told his father that I will be out by the end of the month. He just laughs and says, yeah right.
Do I have to have written consent from him to have custody of our son? Can I legally move out with my son? Do I have to file a legal separation even if we are not married? I just don’t know what to do.
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