No. If a person is not ready for a divorce or legal separation, but wants custody and visitation orders of the minor children, the answer is to file a Petition for Custody and Support of the Minor Children. This type of petition maybe filed when parties are married, or unmarried and the parties have signed a Voluntary Declaration of Paternity regarding each child. If one parent is not ready for divorce or legal separation, and the other parent restricts visitation of the minor children, it is advisable to file this type of petition along with a request for child custody and visitation orders. Failure to obtain court orders regarding custody and visitation of the minor children includes the risk that the parent having de facto physical custody will lawfully remove the minor children from the state or country for an undisclosed amount of time.
To file a Petition for Custody and Support of the Minor Children, contact Richard Ross, CFLS to represent your parental rights.