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Will the first person to file for emergency custody be granted it?

My husband and I split up a month ago. I have physical custody of the kids. If he were to go in and file for divorce and emergency physical custody will he be granted custody? I moved 3 hours away because I fear for my life and my kids' lives. I was told that if he was to go in and file before me then he would be granted custody and I would have to fight hard core to get them back.

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Asked by Anonymous at 9:48 AM on Sep. 19, 2010 in Relationships

Answers (4)
  • Not always. It would depend did you file any charges on him proving what he has done to you? There needs to be a record of such things. I would go 1st and file if I were you

    Answer by Moms_Angels1960 at 9:53 AM on Sep. 19, 2010

  • There has to be a reason to file for ememergency custody. He would also have to prove that reason. The courts will not take the kids away if there is not a justifiable reason. However if you are scared for your life then you need to file it to keep your kids away from him. Do it tomorrow morning, ASAP.

    Answer by colethky at 10:22 AM on Sep. 19, 2010

  • because you left him and took the kids with you, i'm not really sure on this one - i think your best bet would be to seek help at a legal counseling agency - or, if you can afford it, take it straight to an attorney - good luck!!

    Answer by kaysimon132461 at 10:44 AM on Sep. 19, 2010

  • No not necessarily , it will depend on the circumstances.. GL momma

    Answer by candcsmom2008 at 11:06 AM on Sep. 19, 2010

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