FC Dissolution- w/o children?

[lost_soul]

the problem though is she says she DOES want the child, but doesn't do anything about it, and when we talked to her, SHE admitted she asked specifically for those papers. i don't want to get into any legal trouble, and we did speak to both lawyers, ours says the same as you, hers says she requested them, she says she doesn't want to change them, but she DOES want to take the child. i'm so confused!

this whole thing seems like some bad trap or some horrible nightmare and her lawyer has no clue what he's doing! our lawyer is speaking to her's on monday.

[bloom6372]

Contact the lawer IN WRITING, to have proof that SHE requested the papers claiming no children. Look over the papers with a fine tooth comb and see what it says (if anything) regarding the child. If it says nothing, then file a Motion for Custody, and make sure to include any and all information you have about dates that SS has been with you all (if it's easier, note the only dates that BM saw SS). Were the papers you received filed with the Courts, or just sent to your bf?

[lost_soul]

filed. her lawyer filed them and had him served.

[ocean]

and it is a basic divorce? no mention of kids?
Is there a line anywhere in there that there are no kids from this marriage?

Is it filed with a court date? or just filed?

[lost_soul]

filed with a court date and it specifically says no kids.

[Davy]

Just FYI and hopefully to cut to the chase.  Some states allow family matters to bifurcate where as matters are treated / handled separately ie  dissolving the marriage, custody arrangements of children, division of property, etc.  If your state allows bifurcation and considering the father has created the status quo with the child in his possession (without posting the reason) there is some cause for this filing to see if the father just might, as an example, abscound out of state with the child placing the father in a very bad light with the court while mama crys  "poor little me" giving the court reason to  look favorably to the BM.

Assuming the father is the biological, I think it is best to proceed as normal and file for temporary custody may be using the  same case number as the divorce filing.  Casually mention in your filing your intent to relocate the child due to job opportunities and encourage the BM access to the child in the new jurisdiction at least until the child is older.  Do not address CS in your filing at this time.  The court, on it's own accord, will likely rule on CS, approval to relocate the child, etc if need be either by state statue or social policy.

Not an attorney and this posting is for your consideration.  BTW, it has always been good advice to NEVER communicate with the opposing attorney .... the system is adverserial and an attorney is an officer of the court and a snake in the grass.