In North Carolina each parent has equal rights to custody of the children until an order is entered setting up the parent’s respective rights to custody and parenting time. Unless your children are at risk for being harmed by your spouse, your children should maintain regular contact with the other parent. If your children are at risk for harm from your spouse you should seek legal help immediately to get a temporary or emergency order to protect them and yourself.
It is important for children to experience the presence of both parents in their lives, regardless of the separation of the parents. Even if there is no temporary order for parenting time, cooperate with your spouse in making reasonable arrangements for time with your children.
When safety is not an issue, if you deny contact with the other parent prior to trial, your judge is likely to question whether you have the best interests of your child at heart. North Carolina law makes it clear that a factor in determining whether a parent should be the primary caregiver going forward is whether that parent has promoted the relationship with the other parent. Talk to your spouse or your lawyer about what parenting time schedule would be best for your children on a temporary basis.