I am the mother of has a newborn, living with but not married to the baby's father. The baby's father has another child from a previous relationship and is required by the state to pay child support to the mother. Last month he was sent to jail by the judge for neglecting to pay her. He has been unemployed for over six months, and cannot collect unemployment because he was fired or quit his last two jobs. He has a drinking problem, has stolen my credit cards on several occasions, and becomes angry and destructive when he has been drinking. I have given him many chances over the course of our relationship and my potency to get himself straightened out, but the behavior has continued since the birth of our son. He is verbally and emotionally abusive towards me, and expresses his anger by breaking things in our home. I have tried to break up with him and kick him out on several occasions. But everytime he threatens to take me to court and take custody of my son away from me on the grounds that I occasionally smoked marijuana while I was pregnant. I would like to know if his threats hold any weight. I have been employed at the same company for over three years and have neen supporting him for over a year. I do smoke marijuana on occasion but I am a responsible person who loves and cares for her son. In a case such as this, how would custody be determined?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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