I have joint custody of our daughter but my ex has residential custody also. we have an agreement that I get her every other weekend and she stays with me til Monday morning where I take her to school. My question is we both agreed when she has no school that I have her some of those days and my ex has on other days off, well tomorrow is a day off from school during the week and my ex refuses to let her spend the night. If I don't bring her back home to my ex am I in violation of our agreement and can I be arrested?
1 Answer from Attorneys
Re: Child Custody
Without reviewing the visitations Orders, it is not possible for me to give you a definitive answer as to whether or not you would be violating them by keeping your daughter overnight. It sounds like your Order may be too open ended and you need a Court Order which more specifically sets forth your visitation rights to avoid problems like the one you are having.
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