Parenting prior to a Separation Agreement

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

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