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question about divorce & custody?

Posted by on Nov. 26, 2011 at 10:52 AM
  • 22 Replies
Would it be best to file for custody before filing for divorce?
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by on Nov. 26, 2011 at 10:52 AM
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Replies (1-10):
adrianasmommy07
by on Nov. 26, 2011 at 10:52 AM

Generally most people I know file for them both at the same time.

alwayskk
by on Nov. 26, 2011 at 10:53 AM

That totally depends on your circumstances. You can file a temporary order for custody at the same time that you file an original petition for divorce.

madcrazymom
by on Nov. 26, 2011 at 10:53 AM
No, divorce and then custody.... why would you file before divorce??
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JustMe0326
by Platinum Member on Nov. 26, 2011 at 10:54 AM
No, you file for them both at the same time.
Unless you have an emergency (like if the other parent is abusing the child) then you immediately file for exparte orders which the judge grants first without a trial, then they have a trial on it within a week or so. But the child has to be in danger for those orders.
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happy.go.lucky
by on Nov. 26, 2011 at 10:54 AM
I thought they were typically filed at the same time.
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Angelbabii407
by Silver Member on Nov. 26, 2011 at 10:56 AM
I did. In va you can't file divorce until you are seperated a year. As soon as he left I went to a mediator and had a custody agreement written up. Stbx and I went signed the papers. The judge signed the next day and that was that. That was 2 1/2 years ago and we have yet to file for divorce.
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alwayskk
by on Nov. 26, 2011 at 10:57 AM


Quoting madcrazymom:

No, divorce and then custody.... why would you file before divorce??

There are reasons, everyone's situation is different. Some people may not be able to afford to file for divorce, but TPO's are generally free or low cost. Even if you can't afford a divorce at the moment, having a written court ordered custody arrangement is always wise.

Even if you do file for divorce, a TPO is still a good idea, because the divorce process can take a long time and you would want to have protections in order during that time.

3xangel
by Ruby Member on Nov. 26, 2011 at 11:00 AM


Quoting happy.go.lucky:

I thought they were typically filed at the same time.
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Luv_my_hubby
by Nikki on Nov. 26, 2011 at 11:00 AM

I filed for both at the same time.... I was granted temp. custody but my ex agreed to it so all I needed was the judges signature. 

CheyanneW
by on Nov. 26, 2011 at 11:01 AM

I filed for custody and child support first.  My divorce took almost 3 years to be finalized. 

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