Thinking of Filing for custody


#1

I am really new to this whole thing I never thought I would ever contemplate a divorce or separation, especially coming from a broken home myself. But obviously things have changed within my husband that no longer can be tolerable by myself. He has withdrawn physical and emotional affection from me for months at a time, he causes me emotional abuse daily , i have found out he had done some online things that are absolutely appalling , and he lies and hides things from me. We have tried going to church again to see if it helps but I truly and tired of feeling like the only one trying to hold us together. My question is can I get custody of our 20mo old daughter while we still live together. A friend of mine had told me that at least one parent should have custody even if we stay married is this true?? I thought no one takes custody until there is a mutual separation or a divorce in place. And if my friend is accurate how can I get custody of our daughter while still being married and living together ? Thank you for any help


#2

If you stay married and living together with no plans to separate no custody action lies. If you are planning to leave him in the near future you may file an action for custody at that time.