Q: If neither parent has custody of minor children do we file divorce with or without children?
Both minor children’s paternal grandmother has sole custody of both minor children. And there is a 3rd child but he is not a minor.
A: If you have living biological children born of the marriage then you have children, whether they currently live at your residence or not. The Court needs to know that you have living minor children in order to address the custody & visitation of those children as well as child support, if that has not already been addressed. It would be in your best interest to hire an attorney to file for divorce on your behalf so that the case is not mishandled.
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