who has more legal custudy of my children if my husband wont let me divorce him
Jodi - posted on 11/09/2013
In Australia, we can do custody orders before a divorce is filed. The main reason for this is that we can't get a divorce for at least 12 months after separation, but you can file for custody and child support before this happens in a separate process. You and your husband currently have 50% legal custody each. If you want to resolve custody issues, you may be able to file for this regardless of a divorce, depending on where you live.
Cassie - posted on 11/09/2013
Until there is a custody order in place you both have 50 percent. How long has it been since you filed for the divorce? In most states if you file and the other party does not want this after so many years you are automatically divorced. You will have to go to court to determine custody of the children unless you two can agree on a custody arrangement. But, make sure if you do it outside of court you get it in writing with initials on all pages and have it notorized.
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