So I have physical custody of my daughter, and her father, who lives 2 hours away, took her to Colorado to visit his family with the agreement that he would bring her back to me on the day he flies home. Now he is telling me I have to drive down to where he lives to get my daughter back. Is he legally allowed to do that?
Answer
With respect to your "agreement" that he would bring her back to you on the day he flies home, is there a court order to that effect, or was this agreement in written form, such as an e-mail? Lastly, when he has the child under normal circumstances, how does the child get back to you? Does he typically bring the child back to you, or do you pick your child up? As you can see, without more information, the situation is not cut and dry.
BARRY BESSER
www.besserlaw.com
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