Q: Should I file for sole custody before filing for divorce?
My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).
When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying child support and is now saying he does not want to sign the papers because he doesn't want me to have sole custody. I am a single parent (and have 2 other kids apart from the one a share with him) I cannot afford to keep spending money when I am the only source of income that provides for my children.
Should I take the papers I already have and submit them to the court without his signature? or should I file for sole custody first. He is abusive and an alcoholic and is simply using my child as a means to control me and further inflict emotional abuse. We have not been together since 2014 and haven't lived together since ~2015.
A: This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you will need a judge. Contact an attorney.
A: Since you started a divorce action in supreme court you cannot file for custody in family court as a divorce includes custody.
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