Family Law Questions? Ask a Family Lawyer Online.
Good morning. I certainly understand the situation and your concern. What will happen when you file, is that your attorney will ask for temporary custody. It will be decided by what is in the best interest of the child and of course, what both you and your soon to be ex want. Ideally, you would be able to work this out, whereby you have your son X days and he has him Y or you have primary custody and he gets visitation, etc. If not, then the Judge will simply impose a temporary custody agreement until everything is final. When you leave, you can take the child with you but do not want to necessarily prevent and interfere with the father seeing him at the same time, which ideally this should be amicable.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!