Legal Question in Family Law in California
Child pickup for visitation
My daughter has custody of her 6 year old year. Court order says that the father is suppose to pick the child up at 5 pm on a certain day of the week.
My daughter has a job that she works till 5pm, and it takes her 45 min to get home. The childs sitter is a few blocks away from her house,and yet he refuses to pick her up there. He insists that she have the child at the her home.
He has threatened to call the police to enforce that order which (I think) says at the place of residence.
Can he really do this? Its impossible for her to leave her job early as she has just started it just recently. This guy (a real jerk) has picked the child up at the sitters before, but now has gotten a bug up his butt and refused to do so.
Is she within her rights?
1 Answer from Attorneys
Re: Child pickup for visitation
Your daughter need to write him a letter giving him the sitters address and telling him to pick her up there. Maybe he could start his visit a little earlier if he isn't coming straight from work. If he refuses then she should file a motion to modify the visit to begin at 6 pm instead of 5 or shange the pick-up location. The court may want to have both of these parents attend some sort of co-parent counseling or class in how to parent with an ex. If dad wants to make a police report they won't do anthing. Dad needs to grow up.