If visitation is already established can my child’s father keep her for longer than what visitation states?
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If visitation is already established can my child’s father keep her for longer than what visitation states?
Asked on June 18, 2015 under Family Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It depends: if the visitation is set by a court order or a court-approved agreement, then no--keeping the child for longer than the court has said is permitted is a violation of the court order or agreement, and you could take your child's father to court to enforce the visitation terms. The exception would be if you agreed to allow him to have the child for longer: one parent may agree to extra visitation on a case-by-case or occurence-by-occurence basis.
If there is no formal court order or court-approved agreement, just an informal agreement between the two of you, then he *can*--but you could bring a legal action, if you don't like him doing this, to have the court lay down enforceable visitation guidelines.
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