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One question that often comes up in these matters, and one that you might be asking yourself if you are considering a divorce, is whether spouses must be separated before filing. Although Ohio is one of the states that recognizes legal separation, this is not a requirement for seeking a divorce.
Verify that you meet the residency laws for Virginia custody cases. The child must have lived in the state for at least six months before you can file a petition for custody. You should file in the county (and state) where the child last lived for at least six consecutive months.
Filing Fee Schedule COMPLAINTSCustody*$160.00Custody, Change of Custody$75.00Emergency Motion$75.00Establish Child Support & Health Insurance$75.0031 more rows
Generally, you'll have to submit paperwork to your local JDR court, then appear at a trial. If a Virginia court has never issued a custody order for your child, then you and the other parent both have equal possession of the child, regardless of whether you are married or not.
It takes longer than a dissolution \u2014 usually between 4 months and a year after filing. You and your spouse do not have to work out the terms of the divorce before filing. You do not have to agree on everything with your spouse. The judge will decide anything that you and your spouse can't agree on.
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To start a custody change, you have to file a motion in court. Go to the \u201cMotion for custody change\u201d page to find the forms you need. Explain your proposed changes and why they meet the requirements above. File them in the court where the original order was made.
Once paternity is established, Virginia has no presumption of child custody in favor of either the mother or father if the parents are unmarried. The parents must petition the court for legal and physical custody of the child.
To obtain emergency custody of a child, a parent must first file a motion for emergency custody with the clerk of court. The form will require the parent to include detailed information regarding the purported imminent threat to the child in the existing custody situation.
A separation agreement supersedes any legal rights a spouse normally has to certain property. The parties can agree to any division or ownership of property that suits them. As long as the agreement is valid, the provisions are enforceable.
Paternity Is Only The First Step Ohio law considers unmarried mothers the legal custodian and sole residential parent by default. You will need to request a court order granting you custody rights such as the right to make important decisions about your child as well as parenting time or visitation.

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