Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“How do I gain custody of both of my children even though their father and I are not divorced yet?”
Question: 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.
