Can I file a petition for custody even if I live in the same house as my estranged husband?

Q:  The Court has already dismissed petition for support because my husband testified that he resides in house 4 nights a week and 3 nights with his girlfriend.

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We plan on getting divorced. Other than a family court order, what can I do to keep custody of our child until a divorce order is granted?

A:  David's Answer:  You should just file for divorce & then file a motion in the divorce case for an order of interim primary custody. You may also include a claim for exclusive occupancy of the marital residence. Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)