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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30349
Experience:  Attorney with experience in family law.
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I went to the court today and found out my Ex? and I are

Customer Question

I went to the court today and found out my Ex? and I are still maried, the divorce is not final yet. Who has custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


Until one of you files a Motion for Temporary Custody and the judge issues an order, you have shared custody. That means you each have equal rights to the children - you can't take them away from her, she can't take them away from you. If no one has filed yet, you can put in the request yourself. The judge is interested in determining what is in the best interests of the children, so if you and your ex can't agree on a parenting plan, you'd explain to the judge all the reasons he should order what you're suggesting. You serve the motion on your ex-wife by having an adult third party mail it (you can be standing there when they do), and she gets time to respond. Then the judge will set a hearing.

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Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?