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.
- New Cases Added to MLAW: 5 COA Unpublished: Stumbo, Savard, Hamdan, Summit, and Belen - May 11, 2026
- New Cases Added to MLAW: Five COA Unpublished: Davis, Khalifah, In the Matter of J.J.M.R.; J.M.J.R. and J.M.J.R., Minors, Follett, and Pelz - May 6, 2026
- New Cases Added to MLAW: Five COA Unpublished: Perkins, Tran, Curcio, Monday, and Marquart - May 4, 2026