Lawyer, lawyer, lawyer, lawyer.
You need an:
- Emergency Order of Custody (it's the agreement that stands until your actual mediation &/or hearing, be VERY careful with it, as it can set the tone for the final custody agreement. It's called 'emergency' because it's typically accomplished within 24 hours to stand in place until the actual court date can be set several weeks to a couple of months from now).
- Emergency Order of Child Support (again, a temporary order that will be changed after your mediation/ court dates).
REMEMBER this is not "your" money. This is your BABY'S money; money that his father owes to him. Never go 'easy' on child support, because you're stinting your child what he is rightfully due.
REMEMBER child support and custody are NOT linked (except to figure out the percentage each parent owes the child). Even if he's 10 years behind, you cannot deny court ordered visitation. It's not pay to play. Same token, he cannot cannot cannot threaten to withhold money &/or not return him unless you let him "out" of his CS. It's VERY important to stay on the right side of the law in child support and custody, and the ins and outs your lawyer can explain to you... because violating the custody agreement can be grounds to change or revoke custody. Even in 50/50 custody, child support NEEDS to be addressed for such things as
- Who pays for childcare, how, and to whom
- Who pays for health insurance, how, and to whom
- What KINDS of childcare/schooling and who makes those decisions/has veto rights
- Right of first refusal
- Who claims your son on their taxes and when
- and several other not-so-small-details
NEVER deal with the legal system without an attorney. Never, never, never. And don't "share" an attorney. Each of you need your own, or at the very least, you need your own. Even lawyers get an attorney when they are in court. "The lawyer who represents himself has a fool for a client" quote is very, very true. Much less anyone who hasn't spent the 3 years learning all the tangles involved with the law. There are many free sources, but they usually have VERY long waiting lists. If you have to borrow the money, it's worth it to have legal representation, rather than have to wait weeks or months, and most family law attorneys will work out a payment plan with you after an initial couple hundred dollar retainer. Getting a lawyer isn't about screwing your ex, it's about PROTECTING and educating yourself.
DO look up standard custody agreements for infants under 1 year of age.