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You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.

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Q: I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?
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Related questions

What rights do you have as a wife even though you are separated from your husband?

You have all the rights that enure to married couples since you are still married. You have all the same rights you have when you are not separated.


What custody rights does a father and a husband have to his children after a year of no contact with the children?

Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.


Never married now separated no court orderd custody what are the legal rights of the parents?

mother has sole custody, father has child support obligation. see link


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


If your husband who is separated from you brings another woman to live there has she any rights?

As long as they aren't no married legally she has no rights but to the husband that has bringing the other woman into the house might feel different on the situation.


What rights does a mother have if custody hasn't been established?

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.


Can you be legally separated and have joint custody?

Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.


What kind of parental rights will my husband have for our children once the divorce is final?

The rights your ex-husband will have once you divorce will all depend on what the judge rules. He could have joint custody or split custody.


Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.


Your ex husband and you got custody of your step daughter from dhr the mothers parental rights were not terminated how can you get custody of this child?

file for custody


You married into a family how does your husband get joint custody with you?

You do not express of what? If he has joint custody of his children, as a stepparent, you carry some consideration for similar access rights in his absence, such as on extended military deployment. It is best though to clarify this in a modification.


Your ex-husband is looking for joint custody off your 2 kids what rights does he have?

The same rights as you.