Legal Question in Family Law in California

My Ex husbands visitation is today at 1:15pm. I have recently found that his drivers license is suspended. I have asked him nicelt to provide me with a copy, and he says he cannot. I then told him that the children will not be able to ride with him. He says that he will have someone else pick themup. Is this allowed? Do't they need my consent? Can I legally take this kids on his time because he has no license?

Also... If he says his girlfriend can pick them up- I recently found that she was convicted of a DUI in February of this year. I am uncomfortable with them riding with her- Can I say no??

Please advise FAST!!!

Thank you so much!

Amber


Asked on 5/25/11, 9:10 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Does your orders say you are to hand them over to anyone else but him? If he isn't there to pick the children up, the police will not enforce the order. Having said that, there is a difference between What is legal and What is best for your kids, and if you can drop off/pick up, that may be in the best interests of your kids, unless there are other serious issues You have not mentioned. I know you don't want to do it, it is a hassle, but dads are important even though they may have some issues. For me, it is more important sometimes for kids to know dad loves them than to be right. If his gf has been convicted, her license has likely been suspended. I would not allow my kids to go in a car with either of them either, I would just do the driving to remove the argument and worry. It may be more peaceful for the kids. By the way, if they are drinking in front of kids, That would be a major issue for me, and a reason to go back to court for a modification. Sorry for the unnecessary caps - "smart" text on my phone.

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Answered on 5/25/11, 9:37 am


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