i need to file for an emergency custody hearing, there is no custody order we are married but have been separated for over 5 yrs

You should contact a family law attorney because there are several questions that need to be asked in your case.  Based on the limited information, you may be able to apply for a protective order or file for divorce and request an emergency hearing.  In either scenario, your case is most likely complicated and it would be in you and your children's best interest to consult with a family law attorney. Good luck to you.  Please feel free to contact my firm for a consultation. Shalamar J. Parham Atlanta Divorce and Family Law Attorney