Q: What are the best steps to take to gain custody of my child if my ex and I aren't legally divorced yet?
We're legally separated and live with our current significant others and everytime I get my son back he's dirty, and needs to be taken to print care for something. Last time I had him he was covered in flea bites because my exes house was infested even tho he claims it wasn't.
A:
Ask for temporary custody in your divorce case.
It isn't called custody anymore. It's parenting plan.
Cheryl Powell agrees with this answer
A:
You have two problems. The first is that your spouse is entitled to reasonable parenting time (f/n/a visitation) with the child, no matter what. So, even if you get "custody", the likelihood is that your spouse will still have parenting time with the child. Your child could still come home dirty, etc. The second problem is evidence. You have to be able to prove where the fleas came from. Tough job.
You have to be able to prove that the visitation your spouse presently has is NOT reasonable. Take photos of the child after visitation, and date them. See if you can arrange for witness to see the child's appearance immediately upon return after visitation. Document everything you can, and hire a lawyer.
Cheryl Powell agrees with this answer
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