In many cases, the marriage does not go well. Many couples do not want to go through the whole divorce situation. But still want the full custody of a child. Then many came across the question, can you file for custody while still married?
If you are married and both husband and wife do not want to go through the whole hectic process of divorce, they can just file a legal separation case. The reasons behind not getting divorced can be many. Some people couldn’t afford the fees of a lawyer. Spending on the lawyer will be worth it or not. And especially they don’t want to suffer whole proceedings of the court. Don’t want to put whole money into seeking custody.
Can I get child custody without divorce?
Yes. An action under 767, you can file custody without divorce. Or another thing, you can child custody until the divorce is pending. But this would be temporary. Married parents often have more rights over child custody. Both parents have equal rights to their children.
Divorce change the whole landscape. Parent separation can be stressful for children. Particularly because, realizing my parents will not be together anymore, can be breaking. There is no need to get a divorce for custody of the child. You simply can file a separation case. Present the grounds, on which basis you are filing for separation. Whatever happened to you in the course of your marriage. Present, in front of the court.
Joint custody
Some parents, who are compatible with each other, share equal custody. Those parents who understand the need of each other about their child go for equal custody. Another cause of the separation, which will be because of the dispute between parents. No unjust behavior with the child. Such a couple can share equal custody.
This equal custody is beneficial. It does not keep any negative impact on children. Parents can raise their children with equal paternal and maternal love. A child does not undergo stress and depression of losing either parent. Otherwise, the tug-of-war between parents can make children sick of the situation.
Can you file for custody while still married? Yes. But if you want your child to be raised with both equal love of parents, then try for equal custody. If the case isn’t worse in any aspect of your children. Don’t let your children suffer disputes between you and your partner.
The procedure of getting a child custody
- First of all, speak with your lawyer. Consulting a lawyer is highly given advice. Update your knowledge about Child Custody Laws in your State.
- You can make research on your own. Many law firms update such kind of information online and provide the essential forms to be filled up. Take your own time to complete firsthand research.
- Make sure you have completed all the essential forms. Rushing out in the case of documents and providing insufficient documents won’t help you.
- File those documents in your local courthouse.
- After filing, you will get your date. Prepare for the courtroom date. Think carefully about what you wanted to say. Make your priorities.
- Attending the child custody hearing will improve your appearance in front of the court. Make it through that way too.
- Present your case calmly. Don’t allow yourself rattled by any claims made by your partner. Don’t rush out with emotions.
- Strictly abide by the court’s decision. If you want some time, then you can appeal to the court.
Rights of custody
- Who gets the custody of a child is a decision of the court.
- However, the decision over custody tilts to the welfare of the child. The one who is more responsible and sensible towards his/her child will get custody.
- Above age 14 child, come under an adult age group. Here the court delineates the decision up to the child.
- Where the child wants to go, he/she is free to move either to the mother or father.
- In most cases, the court gives custody to the mother. Because the minor can be healthy under the care of his/her mother only.
- If you don’t want your ex in your and your children’s lives, then provide the court with the right proof of it.
Things to know
Before taking legal actions, keep in mind you can’t seek that where you never give priorities. Before stretching things to the court, think about it real good. A couple can go for counselling sessions to resolve their problems. This would benefit in several ways. It will save your married life from separation. And it would save your children too.
Be patient
Can you file for custody while still married? And win it? Yes. You can. The court proceedings take a lot of time. The one thing you should keep in mind, you have to take things so patiently. You cannot let your case lose. This is important for you and your children too. One step inrush will make your case fuss. Your calm nature would create a good impact on the court. Resulting in making your case healthy.
