In order to file for divorce and seek temporary custody, I strongly encourage you to seek legal counsel. With an attorney's assistance, you can file a complaint for divorce, requesting temporary and permanent custody. If there are emergency circumstances suggesting that your child is in imminent danger while in the custody of the other parent, you may be in a position to seek an emergency custody order (or ex parte order). If there are not emergency circumstances, then you may request a temporary hearing be scheduled so that temporary custody can be determined in the very near future. The order for a temporary hearing can often be served on the other party at the same time of the complaint for divorce. In terms of timing, technically, who files first will not prevent you from requesting temporary hearing. If your spouse "beats you to the courthouse", you can proceed by answering the divorce complaint, filing a counterclaim, and requesting a temporary hearing be set as soon as possible.
Answered on Mar 05th, 2013 at 11:32 PM