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Have you been served with anything regarding the divorce that addresses visitation or custody?
Thank you for the reply. From a legal standpoint, you have just as much of a right to the child as he does and if she is in your custody and you think he intends to keep her in CA and not return her, you can exercise discretion and not send her. Unless and until the Judge orders otherwise, you can decide to keep her, which would then require him to obtain an order from the court, regarding visitation or even custody, if he tires to get it. The fact that he filed for divorce does not necessarily mean he is not going to honor the agreement which you had in place for her to see him this summer but if you have concerns about him returning her, it is at your discretion on how to act.
You can try and get him to sign a document, advising of the same but even if he signs it and decides to keep her,you then have to go fight for her return. Prior to sending her, you can consult with local counsel, who can prepare a temporary agreement while this is pending but seeing how this was filed in CA, a VA attorney really could not do much to help. I know it is not ideal but you should speak with him about this and get a sense for what he intends to do.
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