QUESTION

My husband and I are still married, but have been living apart for almost a year. We have a son together but I want custody,

Asked on Aug 23rd, 2011 on Child Custody - Minnesota
More details to this question:
My husband and I are in the middle of deciding whether or not divorcing is what we want to do. Our son lives with me and has only seen his father twice. I want to full custody of our son, but am not sure how to do so if we are still married. I have filed for child support but nothing in those papers helped me figure out how I can get custody and I know that since we are married he technically has rights to take our child whenever he wants.
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1 ANSWER

William/J Joanis
It is not totaly clear to me what you are asking.  You could stipulate to a parenting time schedule as part of the child support, or separate from it.  But if you are talking about establishing legal or physical custody, that is a different matter, and it would probably take the divorce to accomplish that.  Many firms, like ours, have free initial consultations and can answer questions like that with no obligation to hire an attorney, much less proceed with a divorce.  You should see if you can get someone to help you with this.  There are many options that are available, if you decide to divorce, and it might be wise to invest some time to find out what would be involved if you don't reconcile.  
Answered on Aug 23rd, 2011 at 11:18 PM

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