Can I Get a Custody Order While I am Still Married?

Deciding to end your relationship can be challenging and you should take the time to make that decision.  However in California it is possible to ask the court for a custody and support order while you are still married.  You may decide to proceed this way for religious purposes, where you don’t want to go through with a divorce, but you need an order to spell out your parenting arrangement or where you need to make sure your children are getting the financial support they deserve from the other parent.  

You can select this option so long as there is no other court family law case pending.  The paperwork process is pretty straight-forward.  First starting with the petition for custody and support of minor, along with other paperwork to establish jurisdiction and then service to the other parent.  If there is an agreement, both parties would sign and attach their agreement along with their initiating paperwork.  A hearing may be avoided if support is based on guideline.  If the support amount is different than the calculated guideline amount, the judge will need to make sure it is reasonable and that neither party is being forced to agree to such terms.  

If you are in an immediate need to establish custody and get support for your children, then this is definitely the way for you to go.  Please contact me if you wish to learn more about this process or would like help in getting this process started.