Is a father legally able to keephis child from his mother and leave the child with another person while at work during his visitation?

UPDATED: Jul 28, 2011

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Is a father legally able to keephis child from his mother and leave the child with another person while at work during his visitation?

I have full physical custody of my son and his father has visitation. Our court ordered visitation says that the father has visitation on Wednesday from 5-7:30 pm, and may keep our son overnight if he does not have school the next day until 7:30 pm Thursday. He has been keeping him overnight and he will leave our son with his girlfriend all day Thursday and refuses to let him come home. Is he legally able to do this?

Asked on July 28, 2011 Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, maybe. If he is entitled to have his son for the entire next day then y can not dictate the terms on which he leaves him, unless he leaves him in an unsafe situation (like alone). But no more can he tell you how to handle your time with him (say you need to run errands and have to leave him with a sitter as well).  I think the fact that he is leaving him with his girlfriend may be playing in to your feelings here.  He is not "keeping him from his mother" as you put it.  He is exercising his right to visitation.  Keeping your son from you would be refusing to return him at the time designated in the order.  Re-think this for all involved.  Good luck.

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