QUESTION
Is it possible for me to have full custody of my child while still being married?
Asked on Mar 05th, 2014 on Child Custody - Texas
More details to this question:
If so, how do I go about doing that? I want to move out of state with child and my husband is on probation.
6 ANSWERS
If you want a court order granting you physical custody of your child before you move, you will need to initiate a divorce and ask the court for temporary physical custody while the divorce is pending. You will still be married but also be granted full custody rights.
Answered on Mar 10th, 2014 at 8:09 PM
File for dissolution and ask for full custody.
Answered on Mar 06th, 2014 at 11:26 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Both you and your husband have equal rights to the child. If you want to move, file a petition for dissolution and then make a motion for a parenting plan that includes asking the court's permission to move the child out of state.
Answered on Mar 06th, 2014 at 11:26 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need to see an attorney and start an action if your husband will not agree.
Answered on Mar 06th, 2014 at 11:09 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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You may move without a court order. Or you may get a court order.
Answered on Mar 06th, 2014 at 11:06 AM
Divorce Attorney serving Newton, NJ
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Gruber, Colabella, Liuzza and Williams
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You will have to make an application to the court and you may get full custody if it is in the best interest of the child. Moving out of state is more difficult. You will have to prove that you have a good faith reason for moving and that the move will not harm your child. You will also have to propose an alternate parenting plan. These are called "removal" cases and are difficult.
Answered on Mar 06th, 2014 at 11:06 AM