child custody

My boyfriend and I had a son 5 years ago,we were never married.I was legally seperated at the time so his name doesn't appear on the birth cirtificate because I was still married to someone else.We have not lived together in 4 years. he is now threatening to sue me for custody if I don't move in with him so he won't have to pay me support. everything has been voluntary in the past and there are no custody papers. Now I'm worried that he can get my son. What should I do? I've had my son with me since birth and would die if I lost him. What chances would he have if he filed before I could. Legal aid said they couldn't help me until he sues me.PLEASE HELP...DESPERATE FOR ADVICE

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wsmnnc:
[b]My boyfriend and I had a son 5 years ago,we were never married.I was legally seperated at the time so his name doesn't appear on the birth cirtificate because I was still married to someone else.We have not lived together in 4 years. he is now threatening to sue me for custody if I don't move in with him so he won't have to pay me support. everything has been voluntary in the past and there are no custody papers. Now I'm worried that he can get my son. What should I do? I've had my son with me since birth and would die if I lost him. What chances would he have if he filed before I could. Legal aid said they couldn't help me until he sues me.PLEASE HELP...DESPERATE FOR ADVICE[/b]<HR></BLOCKQUOTE>

I was pregnant by one man and seperated to another. My husband at the time filed for divorce b/c he was told that he would be held responsible for the child b/c we were still married. We divorced in Sept. and my daughter was born in Oct. and my ex had to sign a paternity paper stating that he knew he was not the father of my newborn daughter. From what i understand that you have no legal papers saying he was supposed to pay you child support, there is no proof that the child is his. Are you divorced now? You were married when the child was born so your husband is legally responsible for the child. The childs father will have to have paternaty test done to prove he is the bio dad first. You will probably have to have your husband at that time sign a paper also stating that he knows he isn't the father. I'm not sure on that but i do know that since you were still married when you gave birth, that man is considered the father until proven otherwise. If you would like to talk more email me, navywife_tx@yahoo.com and i will go into more detail with you.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by navywife_tx:
[b] I was pregnant by one man and seperated to another. My husband at the time filed for divorce b/c he was told that he would be held responsible for the child b/c we were still married. We divorced in Sept. and my daughter was born in Oct. and my ex had to sign a paternity paper stating that he knew he was not the father of my newborn daughter. From what i understand that you have no legal papers saying he was supposed to pay you child support, there is no proof that the child is his. Are you divorced now? You were married when the child was born so your husband is legally responsible for the child. The childs father will have to have paternaty test done to prove he is the bio dad first. You will probably have to have your husband at that time sign a paper also stating that he knows he isn't the father. I'm not sure on that but i do know that since you were still married when you gave birth, that man is considered the father until proven otherwise. If you would like to talk more email me, navywife_tx@yahoo.com and i will go into more detail with you.[/b]<HR></BLOCKQUOTE> THANX for your response! I will defenitely email you. By the way, my husband of that time is now deseased, but my son does have his biodad's last name.

I can not give you any help, except to let you know you are not alone. I am in almost the same situation. My child is six years old and her father and I have been living together since before her birth. We have not been getting along for the last four years and we do not talk much, when we do we argue. Now he has said he is going to move out and he wants to take our daughter with him. As I do not have a job at this time I am very worried about this. If you would like to talk to someone going through the same thing you are you can email me at ArizDJ@Yahoo.com