How likely is it that I can get temporary custody, remain in marital home, and a TRO immediately after filing?

Asked over 1 year ago - Quantico, VA

My wife has an alcohol and drug abuse problem and is endangering our 2-year old daughter (as well as myself). What are the chances of being able to get an emergency hearing and being granted temporary custody of my daughter, remain in the marital home (with wife forced to leave), and a temporary restraining order to prevent my wife from causing property damage, physical and emotional distress, etc. to me and my daughter once I break the news of wanting a divorce? Can this potentially be handled the same day or shortly after I file?

Attorney answers (2)

  1. Anneshia Miller Grant


    Contributor Level 18


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Once you file the divorce, you are entitled to a Pendente Lite hearing which will establish some temporary rules regarding child custody and support, property issues as to who has possession of the house or cars, spousal support, and health insurance. You should consult with an attorney regarding the filing and the timing of subsequent hearings. Each circuit court has their own local rules as to how to schedule and when you may schedule these matters. Generally, a PL hearing can be set within a matter of a week or so after the filing.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Pia Janine Miller

    Contributor Level 8


    Lawyer agrees

    Answered . I strongly suggest that you speak with a Prince William attorney regarding the facts of your case. Best of luck.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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