Memphis, TN asked in Child Custody and Divorce for Tennessee

Q: Can I take custody of my biological child if I divorce the bipolar mother?

I am unhappily married and would like to get a divorce. I have two children with this woman and she is mentally bipolar and refuses to take meds or get counseling. 9 years ago she cheated on me and got pregnant by another man. I have taken care of her and baby and call him my own son. She refuses to sign any papers and doesn't want a divorce. Research has shown me that I can divorce an unwilling partner but I dont know what will happen to my son because hes not biologically mine. I know she wouldn't be able to take care of him. I want to make sure I'd get custody before I divorce her.

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1 Lawyer Answer

Bennett James Wills

Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.

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