Custody agreement not court ordered


#1

Unless there is a court order that prevents him from doing so, he can go to the school and remove the child when it is not his custodial time. However, if he did so, it might entitle you to an emergency custody order. If you believe there is abuse going on in his home, you should not sign a custody order at this time, rather you should wait to see what kind of proof you can get regarding abuse in his home.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you Helena. The school is actually telling me that since it’s in our parenting agreement and it has been signed and notarized, that they are not allowed to let him pick our son up. We shall see I guess. As for the abuse, I am working on that one already. Collecting evidence if you will.


#3

You’re welcome.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

We have been seperated for a year now and we have a seperation agreement that does include our custody arrangements. There is concern that there is abuse going on in his Father’s house possibly at the hand of his Dad’s g/f. She abuses her own kids and this has been seen publically. With the custody arrangement not court ordered yet, what can he legally do?? Can he come take the child out of school when it isn’t his visitation time?? And if the custody arrangements become court ordered how much harder will it be for me to get full custody once we get the proof we need that there is abuse going on in his house??