“How do I gain custody of both of my children even though their father and I are not divorced yet?”

In California the procedure is to file an order to show cause or a noticed motion for custody and visitation. If you do not have an ongoing divorce, legal separation or domestic violence action then you would need to file one of those to get a case started under which to file the request for a custody designation.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.