The short and simple answer is yes.
However, divorce can be complicated. There is no easy answer to divorce matters, especially where custody is at issue. This is due to a variety of matters, including but not limited to how the law applies to your underlying factual situation, the financial resources of the parties, and the age and needs of the children. If you are seeking custody of your children, you should contact an experienced divorce/custody attorney in your county quickly.
Her filing instituted a divorce proceeding. If you were served with a copy of that petition, there are now time constraints to be met or you risk being able to fully represent your interests before the court. Additionally, her petition should state her position on custody, which may be contrary to her having left the children with you. As such, she may look to return to the house, take the children with her to a new residence, or take some other form of action, such as seeking an order of protection removing you from the house.
Since you provided no details regarding the nature of the separation or the circumstances surrounding her leaving, these issues need to be brought to the attention of an attorney. To protect your interests, you may wish to file a counter-petition or simply elect to respond to her petition. As either action carries a significant legal impact, any such decision needs to be carefully considered.
If you do not know where to find such an attorney, most counties have bar associations with referral services. You should be able to obtain a couple of names, conduct an internet search, review their website, and contact one for a consultation. The key is to quickly obtain the needed legal information to allow you to make an informed decision regarding your situation.
Answered on Aug 29th, 2012 at 1:51 PM