Can you file for temporary custody and child support if you are separated, or do you have to be divorced?

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Can you file for temporary custody and child support if you are separated, or do you have to be divorced?

My husband and I recently separated. I am not sure if we are going to try to work things out or go our separate ways. We have a child and she stays with me. He said he would not fight for full custody. But I did not know if I can get a formal custody order and child support.

Asked on January 10, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  It does sound, though, that things are amicable between you and your husband.  There are two thing syou can do here.  One, you can indeed go to court and ask for temporary cusotdy and support.  Generally speaking,most states allow for this proceeding separate and apart from a divorce action (in New York it is done in Family Court).  Or you and your husband can enter in to a separation agreeemnt with a custody and support section if your state allows.  Seek legal help.  Good luck.


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