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My2Ks
06-14-2008, 09:01 AM
So, some background really quick. My XH and I have joint physical and legal custody, but the papers state that her primary physical residence is with me. The custody order has been in effect since 2003. 3 years ago, my XH moved from ID (where my daughter and I reside) and moved to WA. The custody order was never changed. She visits him in WA often, but lives, and goes to school, here in Idaho.

She is there visiting her Dad for Father's Day and he is threatening to not send her home on Monday morning. He states that we have joint custody so he can therefore make any decision that is in her best interest. There is not abuse, life threatening situation, anything like that. He is basically accusing me f bad mouthing him and his wife. I have not... Anyway, my question is, can he legally keep her there?? Please help me if you know! It is Saturday, so I cannot contact a lawyer today.

ShakinThingzUp
06-16-2008, 09:07 AM
Just saw your post.
No your husband cannot just "decide" that he doesn't want to send her home. If you have primary custody, and her primary physical residence is listed as yours, then he must return her to you.
However..... I believe you will have to file that he is in contempt to get her back due to the joint custody --- ?? more educated members, please advise.

I only posted, because it appears her post has gone unanswered since Saturday.

I hope you have better news since your original post.

God Bless!
Amy

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