Married with Custody?

My marriage is quickly deteriorating. I need to know if it is possible to apply for custody of my children while I am still married? I fear my spouse my try to take them and leave without warning. Also, where do I go to apply for custody and can I do this without my spouse knowing?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by krpwilliams:
[b]My marriage is quickly deteriorating. I need to know if it is possible to apply for custody of my children while I am still married? I fear my spouse my try to take them and leave without warning. Also, where do I go to apply for custody and can I do this without my spouse knowing? [/b]<HR></BLOCKQUOTE>

My response:

No, you cannot. When you file for divorce or legal separation, there is an automatic restraining order in place. That keeps the parties from taking assets out of accounts, selling cars, homes, furniture, etc. It also keeps them from legally taking children away and out of the jurisdiction. This restraining order works for both parents, even though you may be the one doing the filing.

Once you file, and serve her with the Petition for Dissolution of Marriage, along with the automatic Restraining Order, she'll know about it then. But, until she has "Notice" of the proceedings, by being served with papers, she is free to take the children, or anything else she wants, out of your State's jurisdiction.

IAAL



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