Custody & Kidnapping

Although I cannot speak about your situation in particular, in many states, a judge may not consider a custody case when the parents are still living together. Generally, the parents do not have to be divorced or have a legal separation agreement, but they have to be living separately from each other in order for a judge to decide where the child will live and who will make decisions for the child. In some states, a person may be able to file a custody petition while still living together but perhaps a judge may not issue a final order until the parents are separated. I don’t know how your state deals with this. Custody orders generally may provide who will make decisions and who will do the day-to-day things, along with determining when or if the other parent may visit – those issues may not be relevant or appropriate when the parents are in the same house. You may want to ask an attorney how this situation is handled in your state. Here is a link for lawyers: LINK And here is information on custody in STATE: LINK

However, if a person is still living with the other parent and that parent is abusive, s/he may be able to get custody as part of a restraining order (if the parent qualifies for a restraining order). A restraining order may remove the abusive partner from the home or the parent who files for the restraining order may decide to leave the home with the children after s/he is granted the order. If you you want to read more about filing for a restraining order and about asking for custody as part of the order, see here:LINK TO RO PAGE