Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?
While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.
In keeping with the 2-week rotation, I've been attempting to get confirmation for where to pick up the child on the switch-off day. She has been ignoring my calls and messages. My worry is that she will attempt to keep our child for the 2-months she suggested.
I'm amid filling out divorce papers as her keeping to the agreed upon time-share of our child has been an ongoing issue since we split. I keep the agreed time-share on my end, but once our child is back in her custody, she butchers the schedule and keeps the child for longer than what we agreed upon.
If she keeps our child past the original agreement despite my objection, does she have the legal right? Am I within my rights to call and be escorted by a sherif to get our child?
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