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?
2007-01-16 11:27:58 · 10 answers · asked by km_angelheart 1 in Family & Relationships ➔ Marriage & Divorce
you need a good lawyer.
2007-01-16 11:36:40 · answer #1 · answered by Jennifer D 5 · 0⤊ 0⤋
When you file for divorce, because you have a child together, there will be a custody hearing. But, if you file for the divorce first, you can ask for temporary physical custody, with visitation for Dad, while you both wait for the hearing. I don't know where you live, but in most states, if the child is 12 or older, he can choose where he wants to live. Even younger than 12 a psychologist will still interview the child to try and see who is the better parent, and who the child wants to live with. Usually, the primary caregiver, or the person who spends the most time taking care of the child, ends up with physical custody until the hearing. Most states lean more towards joint/shared custody these days, unless one parent is unfit or travels alot for work, etc. Never say bad things about DAd to your child. Never fight in front of him. Make sure he knows the divorce isn't his fault. Make sure he knows he is not loosing either of you. Your child needs you BOTH so make sure he gets to see both of you often. Good Luck.
2007-01-16 19:34:55 · answer #2 · answered by StrawberryShortcake 3 · 1⤊ 0⤋
If you and your spouse are not getting along at all and aren't agreeing on anything, and you think they might want to gain full custody, you should definitely talk to an attorney as soon as possible.
I went through a divorce almost 5 years ago, and we have 2 children together...he pulled a fast 1 on me right after we seperated and he got an exparte motion without my knowing it. It was all based on lies, but the judge allowed it. I didn't get a phone call or anything, just a sherrif at my door with papers stating that I wouldn't have any say on my childrens where-a-bouts until we went to court. It was the most painful day of my life, after being a stay at home mom for 4 years! Protect yourself and your children, and be prepared.
Good luck with everything.
2007-01-16 19:35:28 · answer #3 · answered by J M 1 · 0⤊ 0⤋
Depending on the state you live in, there is probably an order for mediation to determine who gets what rights in child custody. Laws have really changed and unless there is a good reason for your soon-to-be ex not to have liberal access, you might end up with the newly practiced 50-50 custody. This usually involves a Monday-Tuesday with one parent, Wednesday-Thursday with the other parent, and alternating weekends so that the kid doesn't miss seeing either parent during any time. Get a good attorney if there is a house or money involved. Good luck!!!
2007-01-16 19:35:20 · answer #4 · answered by Nutzzzzz 2 · 0⤊ 0⤋
It depends on what state you are in
how old the child is
whether or not you have custody now
I think it is better to get legal advise from the person to be handleing your divorce
I also think Divorce is a real bad Idea, have you tried counseling?
2007-01-16 19:34:18 · answer #5 · answered by jumpingbea58 1 · 0⤊ 0⤋
yes, Go to Family Court and file for legal custody. Your husband will then have to go to court to establish when he is able to have the children. You can be a better mother by offering him the children on school recess etc, providing the marriage is over between you two and not because he was violent etc.
2007-01-16 19:33:09 · answer #6 · answered by Tammy G 3 · 0⤊ 0⤋
Are you legally separated? If not then you need to see a lawyer. There has to be legal papers drawn, if not then your spouse can take him as easy as you can, SEE A LAWYER!
2007-01-16 19:33:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Well you need to file for custody, and child support.
2007-01-17 02:27:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes you have to... I recommend for you get a Lawyer if he wants to keep the child...
2007-01-16 19:31:12 · answer #9 · answered by nena_en_austin 5 · 0⤊ 0⤋
its usually handled during divorce
2007-01-16 19:43:28 · answer #10 · answered by zether 6 · 0⤊ 0⤋