How can I get custody over my child without being divorced? 5 Answers as of November 11, 2013My husband and I have separated. We have a 3 year old child. Is it possible to get custody without a divorce? Or until I can afford one? The child goes to preschool and at anytime he can go get her without me knowing. He's just recently done it and I'm afraid he will try and keep her from me.
Musilli Brennan Associates PLLC | John F Brennan
Yes, you can commence an action for separate maintenance, child and/or spousal support and a custody and parenting time order. If you cannot afford an attorney it is possible the court will order him to assist with, or pay, your attorney fees.
Answer Applies to: Michigan
Peters Law, PLLC | Mark T. Peters, Sr.
Either way you are going to court, so talk with local attorneys. One of them may be willing to accept payments to proceed with the divorce and the custody arrangement. If your husband has money, the attorney may get him to pay for it.
Answer Applies to: Idaho
Simpson Law Office, PLLC | Alexander J. Simpson, III
In Mississippi, it is possible to obtain temporary custody while a divorce is pending, or even if no divorce is filed. The laws in your state may or may not be similar. You should consult a local attorney.
Answer Applies to: Mississippi