Legal Question in Family Law in California

Is there a real issue with the child being with his grandmother on his father's time, or are you just trying to create conflict and push your ex's buttons? Unless there is a genuine objective problem with him going with his grandmother, or there is some doubt that your ex actually authorized her to pick him up, no court is going to side with you on this. Stiring up unnecessary problems and playing picky games is a sure fire way to get a court to side with the ex in any future custody proceedings. In fact if you and your ex are so filled with conflict that he thinks it's better to defuse things by refusing to do pick-ups in person and sends his mother instead, every judge I know will be very happy with him proactively taking steps to defuse and disengage, and you refusing to let the child go with his mother will be looked on very very badly. Now like I said, if there is a genuine problem with grandma, like she drinks and drives or is otherwise a danger to the child, or if there is a genuine doubt she was authorized to get the child, that is another story. But if you are just looking to push your ex around and make him come in person, you need to start putting your son first and find a way to get over things for his sake. The last thing he needs is a mom stiring up legal conflicts in his life to punish or get back at his dad.

If you ex is sending over his mother to pick up the child, that shouldn't be a problem unless there is a good reason that she shouldn't be doing so. It sounds like her son has given her permission for the pick-up.

BARRY BESSER

www.besserlaw.com