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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I'm looking to divorce my husband as I have evidence that he

Customer Question

Hi, I'm looking to divorce my husband as I have evidence that he is having an affair with his ex girlfriend that he adamantly denies. I caught him responding to sex dating ads about a year ago and his pathological lying continues. At this point I'm fed up with his lies and want to move on with my life. We have a 3 year old son together (who was born before we were married) and my husband has threatened me recently that if I l leave he will get me fired from my job and ruin my finances. I make good money and pay 90% of the household bills. He doesn't make that much and has threatened to go for primary custody so that I will have to pay him support. I don't know how to get out legally without him trying to take my son from me (I fear he will kidnap our son and move so that I can't find him). I don't know how to get out and protect my child. I know that if I pack up and move to my parents with our son he will say that I'm trying to keep our son from him. I would not keep our son from his father but until a legal custody is in place I don't trust my husband. Currently, the fathers name is ***** ***** on my sons birth certificate. What should I do to try and keep this a "peaceful" divorce without me looking like the bad guy with a very controlling hot tempered husband? We live in PA. Please help me.
Submitted: 11 months ago.
Category: Family Law
Expert:  Samuel II replied 11 months ago.


This is Samuel and I will discuss this and provide you information in this regard.

It does not sound as if you will be able to keep this "peaceful" if you are already afraid of his threats. I suggest mediation is going to be the best bet. However, if the child was born before marriage and he is not on the birth cert and never adopted him, his first step to give him any standing will be to petition for a Paternity test.

Therefore, I suggest you have time to consult with a local attorney and ask about filing for the divorce, and at the same time requesting the court grant you sole custody, even if on a temporary basis, and also use and possession of the marital residence, on a temporary basis. That will give you custody of your son and you would not need to move from your current home.

I suggest, you should not let his threats get to you. Unless he can prove that you have abused or neglected the child and/or the child will be harmed in you care, his threats are hollow.

Expert:  Samuel II replied 11 months ago.

So I suggest a consultation with a local family law attorney is the best first step at this time. Once you have custody, you can travel with your child. You husband will be spending his time petitioning for a DNA test because at this time he has no standing to make a custody claim.

Expert:  Samuel II replied 11 months ago.

If you have other questions or need clarification in this regard, please ask me here. Otherwise I would appreciate a positive rating as that is how I get credit for my time and information.

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