My partner has asked me for a divorce. We have not begun our separation agreement yet. However he wants us to have alternate weekends with our 3 children. I have made it very clear that I will be staying at home, with my children, until we have a separation agreement and a custody arrangement. He has recently decided to begin sleeping elsewhere during a portion of the week. I did not ask him to do this and was fine with him on the couch. He now wants to take the children to visit in-state relatives for 3 nights. He knows I am opposed to it. He says it is the same as the kids spending time with my side of the family, though my family is local and we do not spend the night. Is there any recourse I have to stop him from taking the kids overnight?
Without custody terms set forth in a separation agreement or court order, the father can take the children overnight and you would have no recourse unless the act of him taking the children was done intentionally to prevent you from finding the children and/or to interfere with your custodial time.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.