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Can I apply for child custody and child support without filling for divorce?

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Old Jul 3rd, 2012, 11:34 AM   #1
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Question Can I apply for child custody and child support without filling for divorce?

In Tx it takes more than 2 months to get divorce, Can I apply for child custody and child support without filling for divorce? will it be faster than divorce?
If court grant the join custody, but one parent became out of status by divorce, how the join custody will work?
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Old Jul 3rd, 2012, 01:47 PM   #2
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Default Re: Can I apply for child custody and child support without filling for divorce?

I wish to inform you that if parents are separated then child custody and support may be demanded. In this regard generally interim child custody orders are made and final order is made during divorce decision. In joint custody both the parents are given rights towards child. The time to be spent with each parent is generally specified.

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Old Jul 4th, 2012, 06:51 AM   #3
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Default Re: Can I apply for child custody and child support without filling for divorce?

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Originally Posted by canadachild View Post
In Tx it takes more than 2 months to get divorce, Can I apply for child custody and child support without filling for divorce? will it be faster than divorce?
If court grant the join custody, but one parent became out of status by divorce, how the join custody will work?
When one files for divorce, interim orders are usually made for custody, support, occupation of the family home, Life goes on no matter how long the divorce takes so orders may be made right away for support of the children and maintaining the family home.

Joint custody is preferred, both parents cooperating in parenting their children. I do not know what you mean by "out of status" due to divorce. Divorce only changes the status of the husband and wife, but not the status of the children nor the parents relationship to them. They are sitll mother and father, with one having residency of the children and the other more limited. Unless residency is shared jointly, 50 % of the time with one parent, 50% with the other.

Parenting plans are required before a divorce is finalized. It would serve your interests and the children's to consult with a family law attorney who can answer your concerns. If possible, also be represented by a family law attorney so things go as smoothly as possible and all factors that need to be considered are dealt with. Two months is little time to get all the issues resolved when there are minor children. Medical insurance, who pays? Dental -- how will that be handled? Visitation for the non custodial parent -- which days? Per the state's guidelines or will there be other considerations?

Failure to properly address important issues before the divorce is finalized ends people back in court needlessly and often for years.
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Old Jul 4th, 2012, 07:07 AM   #4
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Default Re: Can I apply for child custody and child support without filling for divorce?

I would like to say that if you are planning to divorce and will not prepare a separation agreement or cannot agree on a custody arrangement with your spouse, you will need to file a temporary custody petition with the court. After you file your petition, you will present your case to a judge, who will decide how to divide custody between you and your spouse.
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