If there is no custody order in place, then neither one of you currently have the "right" to keep the child from the other parent. If she currently has a court order saying she is the primary residential parent, then she can't keep you from her when it is your time in the plan.
Given that your child lived with you for almost the last year, your chances are good if you do not delay. You may be able to get an ex-parte hearing, which would be very quick. But I would definately talk to a lawyer today and get paperwork filed ASAP.