QUESTION

Parents VIsitation Rights prior to a custody hearing

Asked on Apr 06th, 2018 on Family Law - North Carolina
More details to this question:
Separated parents had a verbal agreement as to child custody. Upon last visit to parent not living in childs home: the child was not returned to Mother and Father would not return calls or text in regard to whereabouts of child. Next day Mother is served with Custody Summons from the Father. Since that time: Mother has had NO contact with the child. Court date is not scheduled until June and Father refuses to allow Mother to visit child
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1 ANSWER

Family Law Attorney serving Charlotte, NC at Prism Family Law
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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

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