Yes you need to do that because until you have neither one of you have custody. The promblem you will have when you file for sole or joint custody is that usally the court stipulates in the divorce degree that neither parent is allowed to move out of state with the child. However you can ask the judge if he could stipulate that you can move. It will depend on if your spouce gives you a hard time about it or not. If you leave state now because you are split up,and you don't know if your going to divorce then I would go,after your there for 6 months you can file there for custody.


