can I file for custody of my daughter without filing for divorce

[john1]

can I file for custody of my daughter without filing for divorce
I would like to file for custody of my daughter without actually filing for divorce is this a good idea or should I just go ahead and file the divorce papers and be done with it.

anyone who has been through this type of  Thang your advice would be greatly appreciated

thank you John

[Peanutsdad]

If you are able to,, I've never heard of it. Legally speaking, married means both parties are custodian, that doesnt change until or unless one party files for divorce.

[Davy]

John1..I am not attorney.  Based on your previous post I was in your exact situation 20 yrs ago ...length of marriage(15), 13 yo daughter and substantial long term interference by wife's parents and I was the same age you are today.  There were also two sons (12 and 9) and involved Tx and IL (as the abscounded to state).  

At that time, I discovered that some states allow what was termed bifurcation... the resolution of one or more matters in the divorce process by separate petition but may not necessarily all matters.  For example a court may deal with dissolving the marriage by one petition, and deal with child custody issues, child support issues, and property division under separate petitions.  IL allowed bifurcation TX did not.

Keep CLEARLY in mind that the court system will pretty much do what they damn please and totally disregard any and all legal statues UNLESS you fight for your daughter and yourself.  I know you may not think in these terms at this time but please consider that your daughter (and you) is a victim of a parental abduction.  It is very serious.  The grandparents can and should be criminally charged with interference with the custody of a child.    

I do hope you investigate the state mandated Uniform Child Custody Jurisdiction Act (UCCJA/UCCJEA) and the encompassing Federal statue appropriately titled the Parental Abduction Prevention Act (PKPA) that specifically deals with interstate matters.  Since you are in CA you may want to check out the Parental Abduction unit of San Deigo county..I think it is the only county operated unit of it's kind in the nation.  In my particular case, an IL judge, once shown he was seriously lacking jurisdiction, actually ordered me to file in TX before he would deny himself jurisdiction.  Eventually, a Federal court ordered the children returned to TX.  At the time, I, like you, did not believe in divorce.

Bottom line : wife's parents and wife are sick and your daughter is likely endangered.  

Hope this helps !!  Be encouraged !!  

[determined]

the request was for temporary protective custody and the rationale was to stablize a dangerous situation to protect my child.  Be prepared to back up all claims and recognize that divorce may be coming.