I can see how confused and torn you are about the situation. Let me tell you this - it is apparent to me that you need marriage counseling and/or your husband needs some psychological counseling to help him come to grips with his responsibilities and possible bad decision making.
The first option is that you pool the limited resources you have together, seek some therapy (for him and/or the relationship) and tell him that if he leaves, he is abandoning you and your child.
The second option is to see an attorney, have a separation agreement drafted, seek child support, and then tell him how it will be:
- He stays, gets a job, works on the marriage, and spends time with you and your son every night.
- He signs the separation agreement, pays child support, helps you pay your mother back, helps watch your child while you attend school, and works on himself by himself.
The decision now is yours. I know it is a hard one, but it is yours to make. Best of luck and let us know how things turn out. I am sure that fellow forum members are putting you on their prayer list as they read.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.