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Joint custody and ex is in rehab

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butternutmd

Junior Member
Here is the issue. We have 50/50 joint custody of our two children, both minors. He lives with his family and they seem to take care of the children since he is not around much. Recently, he blew out both knees and is transferring to a rehab center for several weeks for physical therapy. His family has no legal custody over them. We have week on/week off. My question is: do I have the right to keep the kids on his week since he is unable to do so? Or do I send them with his family anyways? I do not want to be placed in contempt, however, I do have the children’s best interest in mind.
Located in Wisconsin
 


LdiJ

Senior Member
Here is the issue. We have 50/50 joint custody of our two children, both minors. He lives with his family and they seem to take care of the children since he is not around much. Recently, he blew out both knees and is transferring to a rehab center for several weeks for physical therapy. His family has no legal custody over them. We have week on/week off. My question is: do I have the right to keep the kids on his week since he is unable to do so? Or do I send them with his family anyways? I do not want to be placed in contempt, however, I do have the children’s best interest in mind.
Located in Wisconsin
Would you keeping them interfere with their schooling or anything else? If not, there is no reason why you would be in contempt for keeping them when he will not be present to exercise his parenting time.

HOWEVER...he would be entitled to have the children visit with him at the rehab center to the extent that such visitation would be allowed by the rehab center. If you refused to accommodate that, then yes, you could possibly be held in contempt. So, unless you want to take the children to visit him at the rehab center on a daily basis during his week, then you might want to reconsider keeping them.
 

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