How to Get custody of your child while married
get custody while married and not seeking a divorce
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Instructions
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Get a certified copy of your child's birth certificate AND YOUR MARRIAGE CERTIFICATE.. Then locate your local probate and family court in your area. I suggest your go there to see what forms you will need to complete. Call ahead to learn of there hours and costs of filing things.
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Keep in mind that different forms are used if the parents are married or are NOT married. If you are married and just want to petition for custody not a divorce or legal separation you file a Petition for custody. Keep in mind married couples have shared custody unless a court order is in place.
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You complete the required forms, file them with the court, and get a court date. You will them have to serve the other party with a copy of the papers you filed along with the court date. If the custody is an emergency tell the court and they will tell you what additional forms you will need to file to get a faster court date.
Some times it can be an emergency when a parent feels the other is trying to take the child out of the state or the country. If you feel it is out of the country you can ask the court to seize the child's passport.
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