If you and your spouse cannot agree on who will get custody, the Judge will determine custody, based on what is in the best interest of the children. A Temporary Hearing is often set to temporarily settle issues of custody, child support and residence while you and your spouse are in the process of divorcing. The Judge will be trying to preserve the status quo. If you believe your child is in danger, then an Emergency Hearing may be necessary. In Northwest Arkansas, it is difficult to get joint custody, especially if the children are very young. The Judge will usually give primary physical and legal custody to one parent and visitation to the other parent, who will also be ordered to pay child support. The Judge will look at the lifestyle of both parents and the living conditions for the children when deciding which parent will be awarded primary custody. Until the Judge rules on custody, both parents have an equal right to the children. See an attorney as soon as possible to make sure you are doing all you can to get custody!