Legal Question in Family Law in California
who can pick up the children? recently my boyfriend asked me to pick up his children because he wasn't off work yet. he notified his ex-wife by email because she has his cell phone # blocked, that he wasn't off work & that i would be picking them up. of course she refused to let them go with me... in my search for some help on the internet i came across this statement.. If the parenting plan does not contain language that specifies who may or may not pick up the children, then the parents may designate anyone they want as their agent to act on their behalf and pick up the children. Unless the custodial parent believes that the children are truly in imminent physical danger from the person (or people) they object to, he or she has no legal authority over who the non-custodial parent designates to pick up the children. This also extends to who is allowed to be around the child during the non-custodial parent's time. The custodial parent cannot legally place restrictions on events during the non-custodial parent's time unless there is a provision in the divorce decree that specifically addresses this issue.
i'm wondering in the state of california, if the sheriff's office was called to assist, could i tell them my by has appointed me as his agent to act on his behalf and she would have to comply with me allowing to pick up the kids?
2 Answers from Attorneys
Call your local sheriff's department and ask them your question.
The sheriff's department is not going to interpret the law for you, whether you call and ask, or you call for a civil standby for domestic order enforcement when you go to pick up the kids. The sheriff is only going to enforce clear, unequivocal orders. So, while it is basically true what you have read, it is also true that unless there is an order that expressly says you can pick up the children, the sheriff is just going to say "take it up with a judge."
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