Technically, in the absence of a court order or agreement dictating otherwise, you each have an equal right to time with the child involve.d The answer to your question will likely depend on the county you are in and what has happened so far in your child custody case. Our blog discussing denial of visitation in North Carolina child custody cases may shed some light on some of the implications.
Most counties will allow for a temporary child custody hearing in a scenario like this, in which a temporary parenting arrangement may be entered to bridge the gap between the current time and an eventual permanent child custody hearing. However, your pending court date may already be for temporary custody, and you may not get in much quicker then the already scheduled hearing. Outside of legal avenues, there aren't many options besides "snatching" your child back, which can create quite an ugly situation for everyone involved, may upset the judge, and is not recommended.
I strongly encourage you to contact an attorney in your local area to discuss your matter further.
Hope this helps a bit.
Bill HunterHunter & Hein, Attorneys at Law, PLLC
Answered on Apr 26th, 2018 at 1:53 PM