Child Custody prior to Signing Sepaeration Papers


Dear GunnerNC:

Greetings. Hypothetically yes, you can pick up your children from school or daycare without any separation papers, a court order, or any other agreement in place. The better action is to place in writing demands/requests for time with your child. After making numerous requests, which I assume will be denied, then if you go and pick up your child and an emergency custody action is filed, at least you will have some basis for the court to rule in your favor. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


What rights are there on visitation or Custody of children prior to Seperation Papers being signed ? Can you visit your children or pick them up from daycare without the other parents permission if there has been no paper worked signed or negotiated yet ?