Q: If two people have joint physical custody, can the parent who doesn't have the child pick them up from school?
Parents have joint physical custody : child is one week with mom and one week with dad ( Sunday -Sunday) . On the week the child is with dad , is the mother allowed to pick up the child from school or visit them at school with out the other parents consent? Or is it explained legally even with out the other parents consent?
A: Unless there is a restriction in the parenting plan preventing the other parent from visiting the child at school, there is nothing that would prevent him or her visiting the child at school. However, if that parent takes the child from school during the other parent's scheduled parenting time, that could be what is referred to as "custodial interference", which is a misdemeanor, and contempt of the court's order. I would really need to look at the court order to provide a more definitive answer. I hope this information was helpful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
