Detroit, MI asked in Child Custody for Virginia

Q: Being awarded physical custody can the parent with less custody take the child and not return them after agreed time?

I have primary physical custody we both have joint legal custody. I’m worried the parent will take our child and not return them after our agreed upon period. Are they able to do that? The custody agreement says I have “primary physical custody with reasonable and liberal visitation as the parties agree to the other parent.

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1 Lawyer Answer
Sharon R. Moss
Sharon R. Moss
  • Divorce Lawyer
  • Manassas, VA

A: Since the order grants liberal visitation as the parties agree, if the non-custodial parent takes the child and does not return the child at the time that was agreed to by the parties, then they would be in violation of the court order. You should always make sure that the agreed upon times are in writing prior to the visitation. Use text or email to set the visitation times so that you have evidence of when the other parent was supposed to have visitation, should you need it at a future date.

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