Are my custody papers void because I am still married to my child’s father?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are my custody papers void because I am still married to my child’s father?
My husband moved out of our house 3 months ago and I filed so he wouldn’t be able to take our child. He recently defaulted on the papers but now he is telling me that the custody papers are wrong because we are still married and married people cannot have separate custody. No one has filed for separation or divorce. I was under the impression that I could file without filing for dissolution. Is this true?
Asked on January 15, 2012 under Family Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, he is wrong. If you filed for child custody, you did this because you are separated. Separation (non-legal non court filed separation) means you are living separate and apart with no chance of reconciliation. So you are technically separated even though you did not file for legal separation or divorce. So if there is a valid enforceable court ordered child custody agreement in place and he defaulted, you can take him to court for contempt of the order.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.