Q: Can a parent file for custody without a divorce or separation in CA?

A: Yes. A parent can file for custody of the child without a divorce or separation finalized in California. However, there does need to be an open family law case in order to request custody orders. A family law case can be opened in different ways depending on the specific circumstances. Here are some common ways.

If the parent is married and ready to divorce or separate he or she can file a Petition for Dissolution of Marriage (FL-100). Alternatively, if the parent is NOT ready for divorce or separation he or she can file a Petition for Custody and Support (FL-260) to open a family law case.

An unmarried parent can also open a case by filing a Petition for Custody and Support (FL-260) as long as parentage has been legally established through a Voluntary Declaration of Parentage (VDOP) or prior court ruling. If parentage has NOT been established a case can be opened using a Petition to Establish Parental Relationship (FL-200).

Once any one of those forms are filed, the parent can immediately file form FL-300 (Request for orders) to request temporary orders for custody. This will establish the parameters for the custody of the child before the case is finalized and permanent orders are issued.

If there is an urgent, immediate risk for the parent or child, such as domestic violence or molestation, you could file for Temporary Emergency Orders (form FL-305) along with the request for orders. This way, the court may review your request and issue orders as soon as the same or next day.

There are more forms you may need to submit and other steps to the process, which you can read about in detail on the California Courts Self-help Guide. However, its always a good idea to consult a family law attorney before starting this process.

A: Yes, you can file for custody of your child in California without getting divorced or legally separated. In California, parents can petition the court for custody orders regardless of their marital status through what's called a "Petition for Custody and Support of Minor Children." This allows the court to make decisions about legal and physical custody based on the best interests of your child.

The process typically begins by filing the necessary paperwork with your local family court. You'll need to complete several forms, pay filing fees (though fee waivers may be available), and serve the other parent with copies of all documents. After filing, both parents usually attend mediation to try resolving custody issues before going before a judge.

Given the situation you've described, with threats to take the child, you might consider speaking with a family law attorney who can guide you through this process. California courts prioritize the child's well-being and safety when making custody determinations. Documentation of any concerning behavior or threats from the other parent could be important to present in your case. Remember that establishing a formal custody arrangement through the courts provides legal protection and clarity for everyone involved.