Q: My husband and his ex fling have joint custody through mutual agreement, however the ex and I are the ones who agreed on
this and I have him more than his dad because my husband works out of state. We have been doing this arrangement for a year now, and just today she told me she is keeping their son on Sunday (which is the day we always switch off) because of Mother's Day and she still wants him back the following Sunday so we don't get our full week with him. His dad is at work so does that mean we have to give him back on Sunday? She knows I always have him, but she is mad because her child support case got put on hold and we have filed for full custody (although I don't know if she knows that yet).
A: Since it appears from your question that there is no legal custody order in place, Mom has the right to keep her son if she chooses without legal repercussions. I suggest that Dad file for custody and get a legally binding order in place for his custody rights and avoid any future issues like these.
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