Out of state custody

The answer to this question depends on where your divorce was filed. If your divorce was filed, then you need a judge to determine custody at a temporary hearing. However, judges do not like to change the status quo during the case. Because you left your children behind, it is likely that he will retain primary custody during the case. However, you may be able to obtain custody by using a Guardian ad Litem. There is information about the Guardian ad Litem process on my website. They are appointed by the court to investigate both living situations to help the court determine where the children should live on a permanent basis. There are also many other factors that the court will consider in determining custody. Who has been the caregiver for most of the children's lives, how they are doing in the father's sole care, who is the more nurturing parent, etc. Please let me know if we can help you further. However, you need to hire an attorney as soon as possible to protect your rights.