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Thank you for your question.
It is possible that the issue of custody will be resolved through agreement at the mediation session on Tuesday. However, in the interim, or if the issue will not be resolved, you have the option of initiating the action for legal separation in court and asking for an emergency order of custody. In some situations, although it is certainly not the parent's intention to be deprived of custodial rights to the child, failing to adequately protect those rights through the court's processes can have the effect of seeming like a laissez-faire approach.
Best of luck to you.
I am not saying that this situation will negatively affect you in terms of custody, however, the court's ultimate goal is the best interest of the child. If the legal proceedings take years, and the child is out of your custody the entire time, it would be jarring to the child to suddenly be placed back in your custody. It is just something to consider.
An emergency order depends on whether the court is willing to act "ex parte", without hearing and notice to the other party, and the individual court's backlog of cases. Sometimes a court will act on a motion immediately. Sometimes the issue is not heard on an emergency basis.