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If you are not divorced then both parents have equal rights regarding custody, decision making and control of the children. If a couple chooses to live apart one party must obtain a court order to get sole custody of the children. That party would need to convince the court the other parent is unfit and awarding sole custody to the moving party is in the best interest of the children.

A husband would not be favored for sole custody simply on the basis of being a man. There must be extenuating and serious circumstances for the court to award custody to one parent. You should consult with an attorney in your jurisdiction who can review your situation and inform you of your rights.

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Q: If you are not divorced from your husband can your can the husband get custody of the children?
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Related questions

I want out of my marriage and my husband won't let me out. Is there a way to get divorced and figure out the custody of our children and financial situations after we are divorced.?

You can go to court and file for divorce without his permission. Then once its started during the proceedings the custody and financial info will be decided.


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What custody rights does a father and a husband have to his children after a year of no contact with the children?

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