The quick answer is no. You can’t. But sometimes people try to do things. Filing for child custody without a divorce might be possible but there are some risks involved. It can be difficult to prove that the marriage is over, especially if both parties are still living together. If you don’t want a divorce, that’s find, you can do a legal separation instead. But a legal separation is only for a 1 year time period in Utah and it’s not good if you’re still living together.
Trying to get child custody without a divorce can also create some problems in the future if your ex-spouse should decide to file for a divorce. The court will have little evidence to support your claim of being an involved parent and may be more willing to give custody to your ex-spouse.
Some states have special procedures for getting child custody without a divorce, such as mediation with the court. These procedures make it easier to prove that the marriage is over and that you have been an involved parent even though you are not married. However, these procedures can be lengthy and may not be available in all states. In which case, you will have to go through the regular divorce process and then try to get custody through that process as well.
Yes. You could file for child custody without a divorce. However, if you are seeking child support from the other parent, it is very likely that the court will have to terminate the parental rights of that parent or order a reduction in his or her visiting rights.
One of the parents must be willing to sign off on the child custody agreement, even if he/she isn’t getting custody of the kids. The other parent should be willing, too, because if he/she isn’t willing to sign off on it, it’s unlikely that any court would force him/her to abide by it.
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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506