Question asked on Mar 18th, 2016

Q: Ok so he usually picks her up today and I told him I’d pick her up and he responded “isn’t it my day?” Can I tell him that I want to keep her until the case gets resolved? Can I do that? There’s no court order yet.

A: Short answer: “No.”  Until some court has entered an order, the parents have exactly identical rights of legal and physical custody; filing a motion asking for something does nothing to alter that.  If there is a danger, or some other emergency, speak with your lawyer about an order shortening time, or even an ex parte request; otherwise, while you can “want” anything in the world, you can best avoid self-help by both parties by making some temporary arrangement you can live with until you get to court.

Marshal S. Willick