If there is no written visitation agreement in a joint custody matter, can the non-domiciliary parent keep the child longer than the domiciliary wants them to?

Is it legally ok?

Asked on August 15, 2012 under Family Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is difficult to understand exactly what is in place here between you and the other parent.  When you say "joint custody matter" has that been determined through a court order rather than written agreement?  Or is it an oral agreement?  How is one of you the non-dimiciliary parent if no order is in place?  If you wre married then you have equal custody rights to the children and then those are "divided" so to speak, when you get divorced.  If you were never married the Mother is the legal guardian until there is an order in place that states otherwise.  Please get help here.  Good luck.


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