How do I file for custody if I haven't filed for a divorce yet?

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Nora's Question: I recently left my husband of 7 years and moved in with my parents. I have been the primary care giver of our 5 year old son. What do I do to file for sole custody? Also, what can I do to enroll my son in the school district by my parents' house?

Brette's Answer: File a petition in family court for custody. You want a temporary order, so be sure to ask for that when you file. To enroll in school, you need to call the district as soon as they are open and find out what their procedure is.

※ Can I file for temporary custody if he's had our child for 10 years?
Bobbi's Question: My husband kicked me out ten years ago and took our daughter, who was only 10 mos. old at the time. That is the last I have seen of either one of them. Due to him moving so much, I was unable to keep in contact with my daughter. I want to file for a divorce now, and I am wondering if I can file for temporary custody and retrieve my child should I be able to find their location. We have been separated for 10 years.

Brette's Answer: You can file, but it's very unlikely you would be granted temporary custody after such a long time apart. Most courts would want to reintroduce you to each other slowly since she will have no memory of you. I suggest you get an attorney to help you with this.

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