Legal Question in Family Law in California
joint legal and physical custody
I have a court ordered document that states i have joint legal and physical custody of my child. my x-partner was admitted to a hospital for several days and left my son with her grandmother. I went to pick up my son and bring him to my house but was denied access to him by the grandmother. No where on any document is the grandmother have any type custody. Can they deny me custody while ex wife is in hospital?
2 Answers from Attorneys
legal and physical custody
No they cannot, but the problem that you have is how you can enfoce that agreement. You can ask the police to accompany you to pick up the child, but they may not help. The alternative is to go into court, ex-parte, and get an order for you to have custody while she is in the hospital. Good Luck, Pat McCrary
Re: joint legal and physical custody
It depends on the order/judgment. there may be times and dates which are delineated as her time and his time. If so, and it is the mother's custody time, and there are no provisions in the order for such contingencies, then the grandmother may be construed as a babysitter while the mother is indisposed and the police will probably not wish to be involved.
Having said that, if you go to court and seek a court order giving you custody pending the mother's recovery, it is most likely that you will prevail. Considering the exigency of the situation, you could go ex-parte.
If you can afford it, you should retain a family law attorney to assist you.
Regards, Damian Nolan.
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