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    When my spouse and I split up last year, I stayed in the apartment. The children are with me and see their other parent once in a while. Do I have legal custody of my children?
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    Right now, you have what is called de facto custody. This means that, in fact, you have custody of your children and have been making decisions about their care and upbringing as if you had legal custody. Your spouse has accepted this arrangement. It is unlikely that a court would make changes to your situation.
    However, it will be more difficult for you to enforce your custody rights if you do not have them clearly set out in a court order or agreement, especially if you and your spouse disagree on what the custody arrangements have been.
    You will have legal custody when you and your spouse sign a separation agreement that says that you have custody or when a court order says that you do.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.





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