Do we file ‘no children’ in our divorce, if neither of us, as parents, have custody of the children we have?
While I am not licensed to practice law in your state, I am able to provide an answer due to my experience in family law.
Although you may not have custody of your children, the court would still need to know if any children were born of the union.
Without further information, I am unable to address how you should describe the children’s current living space. If someone else has custody of the children per a court order than that can be explained in your divorce pleading. If the custody is a more informal arrangement, then the court would need to make a final ruling on that matter in addition to the divorce.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.