# Child custody or seperation agreement first **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 21, 2005, 2:06pm UTC](https://forum.rosen.com/t/child-custody-or-seperation-agreement-first/2616 "2005-10-21T14:06:36Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![dthrom](https://avatars.discourse-cdn.com/v4/letter/d/b3f665/32.png) [@dthrom](https://forum.rosen.com/u/dthrom)\ **Post date:** [October 21, 2005, 2:06pm UTC](https://forum.rosen.com/t/child-custody-or-seperation-agreement-first/2616/1 "2005-10-21T14:06:36Z")
No, you do not have to have a separation agreement at all before you seek a court action for child custody. However, in North Carolina, parties face mandatory child custody mediation. So, it would be helpful to consider what type of custody arrangement you and your spouse would each be interested in in terms of co-parenting in the future. The standard the Court would use to determine custody issue is what would be in that child’s best interests given the circumstances of your family. Deborah M. Throm Rosen Law Firm 1829 E. Franklin Street, Bldg. 600 Chapel Hill, NC 27514 919.265.0017 direct 919.321.0780 main voice [www.rosen.com](http://www.rosen.com) Email: [dthrom@rosen.com](mailto:dthrom@rosen.com) 4101 Lake Boone Trail Suite 500 Raleigh, NC 27607 919.256.1544 direct 919.787.6668 main voice 301 McCullough Drive Suite 510 Charlotte, NC 28262 704.644.2531 ext. 100 ---
**Author:** ![blacksky](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@blacksky](https://forum.rosen.com/u/blacksky)\ **Post date:** [October 5, 2005, 9:57am UTC](https://forum.rosen.com/t/child-custody-or-seperation-agreement-first/2616/2 "2005-10-05T09:57:32Z")
Does a seperation agreement have to be signed before one can go to court to get primary child custody? We have been living apart for a couple months now.