I have an 11yr old son, his father is on the birth certificate but has been in and out of his life since birth usually in jail or rehabs he has a severe heroin and cocaine addiction. He has never paid child support even court ordered support in 7yrs so the county domestic relations terminated it because they didn't believe he would ever pay. He avoids staying in one place for more than a week so that I cannot try for custody, I was told by the court that I cannot file for custody if I do not have an address for him, he has been getting SSI for 4yrs now and he uses his mothers address for that and his medical assistance but the court says I cannot use it because he doesn't actually live there. I do have a PFA against him that exp 8/2014, I have been trying to get custody for the last year and a half, my fiance would like to adopt Louis as his own once we are married, I have a 4mnth old son with him and we want them to have the same last name and my son want to call my fiance dad. He also refuses to see his father once the PFA is up and has threatened to run away if I make him, my son is in counciling and has been diagnosed with anxiety disorder and paranoia due to witnessing his fathers behavior, he believe without a doubt his father will kill my fiance, his baby brother and myself and then take my him far away.I believe that his fathers behavior his toxic to our son and I think my son is at a very impressionable age, I have had drug dealers threaten my sons life because his fathers owes them money. How can I get custody to keep this from affecting my son more? once the PFA is gone he will come start trouble.
1 Answer from Attorneys
First, if your fiance is good enough to be dad he's good enough to marry. You should get married first. Then just go the adoption route, Without a custody order the bio dad has no defined rights to the child just like you don't.