Q: What does the law say about picking up child from the other parent when nothing is court ordered for parenting time
A: If there is truly no order for parenting time, either parent may have lawful possession of the child at any time. If the parents disagree about this, it is essential that a parenting plan be put into place by the court. That can be in the context of a divorce or a Petition for Parental Responsibilities or a Paternity action. you should retain an attorney to assist you with this, as it is very important to you, the child and the other parent.
A: If there are no court orders in place each parent has equal right, under the law, to have the child. Thus, the law is silent. If there is a divorce or custody case already filed, there is an argument that just taking the child could be a violation of the injunction that comes with the filing, which does indicate that neither party will disturb the peace of the children or the other party. More information is needed to thoroughly assess your situation and you should consider consulting with a family law attorney.
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