QUESTION
Dad's Custody Time Spent with Grandparents Instead?
Asked on Jan 21st, 2016 on Family Law - North Carolina
More details to this question:
My spouse and I have been separated for almost a year. We have verbally agreed that our child stays with me during weekdays and with him on weekends. Recently, because of work issues, our child has been staying with his parents instead. Is this acceptable? Isn't custody time meant to be for parent's time with children? I don't dislike his parents, but if he's not going to be around, I'd just as soon rather our child stays with me.
1 ANSWER
Soince you haven't mentioned any legal separation or custody orders, I assume you mean that you and your husband physically separated a year ago, but have not obtained a legal separation through the court. If this is true, there's no law prohibitig your husband from letting his parents care for the child during your informal parenting agreement. Courts don't have jurisdiction over families that have not brought their custody dispute into court for settlement. If one of you decides not to allow your child to be with the other parent--for whatever reason--the only way you can untimately resolve it is to go to court to obtain a custody order as part of a legal separation or a divorce.
Answered on Jan 21st, 2016 at 4:35 PM