I want my son...

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so this yr my gf and i had a son and got married after 7 yrs of dating. to make this short and sweet, i cant stand her. honestly, through out the relationship i couldnt really stand her and i admit that i never had the balls to break up with her. and now its gotten to the point where ive had enough. we have a 5 month old boy that i love to death. so how do i go about this...im 22, full time student, part time job, we have no money for a divorce. shes threatened that if we ever split up, she would take custody of our son and never let me see him. what are the laws on that?? i live in tx. I have no clue what do to...i just want my son, however im not as cold hearted as she is and i would not mind having shared custody..but again..what are the laws on that? if we split up (no divorce bc of money), would she still be required to share custody our son??

thanks in advance for any advice

I'm not an attorney nor am I aware of the laws of Texas. However, absent some sort of legal decree, I don't see where she has any more right to your son that you do. This may be a case where possession is nine tenths of the law and for you to overcome her move, you would have to get legal counsel.Be aware that without a divorce you are still legally liable for any debts she may incur. My question to you is why did you let it get this far?

i dont know. being young and stupid. weve been through a lot together and every time i tried calling it quits, a few hours later, she would call back and i would succumb to it. but believe me, that is a question i ask myself everyday.so ill be liable for all her debt...great..

Again, I'm not an attorney. But, generally, both people in a marriage are jointly responsible for all debts that either incurs. Creditors are going to look to both of you for repayment.

Umm... I do not under any circumstances believe that if two people are in a bad relationship they should stay together for the sake of the kid.However, you have been in a relationship 7 years and gotten married to this woman. It sounds like she does want to be with you.Why not get counseling of the non divorce variety?I don't know the circumstances but, really would it hurt to try and make it work?

These questions need someone with local legal knowledge. If you can't afford a consultation with a lawyer, does your city have any sort of public advisors?

She would have to prove why she should have sole custody of the child. She would have to prove that you're an unfit parent and do not have a means to take care of your child. If you all share custody, one of you would be the primary person the son lives with and the other would probably have to pay child support.I think with divorce you can either contest it or just agree to divorce without a trial in front of a judge or something. I'm not sure how accurate this is, but here is a link to something that may help. Specifically, you may want to contact your county probate office as they handle divorces.

When my parents got divorced my mom didn't pay much...we didn't have any money. My dad was served papers and he signed. I don't think it's that much, but maybe their circumstances were different. My mother was receiving government assistance, so that may have effected what she had/didn't have to pay. I live in Texas too, by the way. You might want to visit someone at the county offices or court house and they can direct you to the proper person.