Q: I want to leave my husband and need to file for custody of our 6year old. How long after I file does it take effect.
A:
A custody filing itself doesn't grant you custody of your child -- rather, an order of court does. Your custody filing asks the court to grant you such an order, but you have to go through the custody hearing process first. That varies from county to county in Pennsylvania (and I'm relying on Pennsylvania law here, even though you're asking your question from New York).
If your husband contests your request for custody, it could take many months to finally resolve -- although the court would likely enter at least a temporary order, especially if you two can agree on custody terms. If you two are already in agreement on how custody will work, you could likely expect an agreed order to be entered at your first hearing, which is probably less than two months after the date of your custody filing.
I suggest sitting down with a good family law attorney who practices law in the county in which you'll be filing for custody. You'll get your best answers to specific questions that way.
Best of luck to you.
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