Before Divorce?

Question

My spouse and I have a child together. Do I need to go thru any legal procedures to get custody of my son before our divorce?

Answer 1

Yes I would get right in and talk to an attorney and get some sort of custody arrangement filed ASAP. Until there is an order in place, your spouse is a legal parent with full rights and can take your child out of state against your will and without your knowledge, and there is nothing you can do about it.

Answer 2

First, have you tried counseling? If physical abuse is not the issue, then it is always in the best interest of the child to attempt all forms of repair and reconciliation first.

Divorce is the last resort, but if you are there, then get an attorney. Even if there is no argument about child custody or property. The normal process in divorce is to come to agreement in writing. There are many documents required. If unable to reach agreement, then a hearing and trial may be necessary. Child custody, visitation and child support (alimony in some states) are usually determined in the form of court documents. Tentative agreements are normally completed prior to any hearings. In most states, but maybe not all, the mother will have primary custody of a child and it is very difficult to prevent. The husband would have to prove that it was in the best interest of the child to reside with him or hazardous for the child to remain with the mother.
I wish you the best.

Answer 3

First, I would encourage you to look at doing what is right. And unless there are special (read terrible) circumstances, a child should have access to his or her father and the father should have access to the child.

Custody is usually determined in the divorce itself. If you can sit down together and talk about custody and develop a mutual parenting plan first, that would really help.

In all your dealings, do not think of you or him, think of your son. Always the children. Think of the children. It's not your son's fault that you and your husband can't get along and that you're divorcing. Keep the little boy out of the line of fire. Never speak ill of your spouse in front of that boy. Never.

Best of luck to you.

Answer 4

You can do a legal seperation. Which will spell out custody issues.

Answer 5

With a good divorce attny, make your wishes known, and included in the divorce decree.