divorcing with or without children

[TinaLynn]

What is the name of your state (only U.S. law)? Colorado


If neither my husband or I have legal custody of our son would I still have to file for divorce with children or can I file without?

 

[Proserpina]

What is the name of your state (only U.S. law)? Colorado


If neither my husband or I have legal custody of our son would I still have to file for divorce with children or can I file without?

I'm not entirely sure what it is you're asking....

Who does have custody of your son?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Colorado


If neither my husband or I have legal custody of our son would I still have to file for divorce with children or can I file without?

Yes you would have to file with children and explain to the court why the court does NOT have jurisdiction of the children in your divorce case.

 

[nextwife]

And, if Dad and you had been together paying CS to the guardian (you said "your" son, is this child also his son?) you and he will need to go modify have the CS obligation divided out. Is there ONE CS order now, or is there an order against each of you individually?