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If there is no custody order then the law presumes that the primary custodial parent can allow visitation at his or her descretion as long as it is reasonable. Meaning the primary custodial parent can set a time and date for the vistation or refuse visitation if there is a valid reason. The problem with this arrangement is that the visiting parent is not legally obligated to agree or even return the child to the primary custodial parent as the circumstances are strictly voluntary and not court ordered. When parents cannot reach an equitable agreement in such matters, the best choice is to let the court decide or at the very least obtain legal advice on how to handle the situation according to the laws of the state in which the child resides.

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18y ago

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