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Do I need to surrender my child to my ex spouses new husband while she is out of the country?

I am currently in possession of my child per divorce papers on my visitation weekend. Turns out her mother is on her way out of the country for up to a week. I was uninformed prior to her leaving. Considering she is going to be gone and unable to pick her up at the end of the visitation period am I required to turn her over to a non custodial spouse?

9 Answers

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  • Foofa
    Lv 7
    2 years ago

    I'd check with your attorney on this one.

  • 2 years ago

    Nope you do not. In fact you could be considered to have abandoned the child if you did that. You could actually talk to your lawyer about this and see if you could get full custody of the kid for the fact she left the country without informing you.

  • Liz
    Lv 7
    2 years ago

    "I am currently in possession of my child per divorce papers on my visitation weekend."

    Children are not possessions. One sentence into your post, and you're already sounding like a fvckwit.

    "Turns out her mother is on her way out of the country for up to a week."

    Yeah, so? People travel. For work, for pleasure, for whatever reason.

    "I was uninformed prior to her leaving."

    That would be because it's none of your business what she does.

    "Considering she is going to be gone and unable to pick her up at the end of the visitation period am I required to turn her over to a non custodial spouse?"

    Of course you are. Your visitation is over. And your ex is entitled to decide who babysits her child when she's absent. Clearly that would be her husband.

    In a nutshell? Get over yourself.

  • tammy
    Lv 6
    2 years ago

    I would never turn my child over to a stepparent the visitation is not between you and the stepparent.

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  • Anonymous
    2 years ago

    People love guessing at this stuff, but the truth is, nobody here knows. Is there wording in your divorce decree about this? Do you know if her new husband even wants the child?

    If you can't find wording in the decree, ask your attorney. Also, make sure you're being fair to the child. If he/she knows the spouse and considers him stepdad, that's one thing. If the guy is a total stranger, it might be too soon to be left alone for that long a period. It would help to know your child's age, but anything that happens should be what's best for him.

  • Anonymous
    2 years ago

    Yes, you turn her over to the stepfather.

    However for your own protection, make sure you ask the mom in writing if it is what she wants, to turn the child over to the stepdad OR if she wants you to keep the child... (it’s up to her, for her visitation period)

    For your sake, do what she says, otherwise you’ll be in contempt of the order

    I don’t like the rules or make the rules, but they are what they are

  • ?
    Lv 7
    2 years ago

    YEs, of course. Your visitation is over when the visitation is over. This is the child's stepfather. Stop letting your jealousy get the best of your common sense.

  • 2 years ago

    um...no, i wouldnt think so

  • 2 years ago

    Yes, she should go, if it is her Mother's turn for visitation. Just as the child could be with you, and you could have a baby sitter or Day Care Provider looking after her, her Mother is entitled to have others care for her on her Mother's turn. . Unless there is some specific clause in the Custody Agreement between you two that says differently.

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