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I certainly understand the situation and your concern. No, you would not be forced to return the child. The reason why I say this is because there was an agreement with the spouse, as to who will keep the child and if now, they want the child back, it would need to be ordered by the court. If you filed for formal custody yesterday, the matter would need to be heard, before any party is forced to do anything. The court is always going to act in the best interest of the child, so you want to make sure any argument made, supports that.
Not exactly. If this was a visit and there was an agreement, the child should be returned. However, if there was nothing formal, you have just as much right to the child as the other parent, so if you wanted to keep him, that is at your discretion, since there is no court order in place, at this time. However, your son never has the final say and that will be up to the Judge.
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