San Jose, CA asked in Family Law and Domestic Violence for California

Q: Can I pick up my daughter?

My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick her up ? I called the courthouses nothing is filed against me.

Related Topics:
3 Lawyer Answers

A: You can NOT pick her up IF the court order says you can't, but the problem is you don't know until you read it. So to read it, you need to see a copy. Ask your parents to send you an email with the order attached. Ask them for the name and phone of their lawyer and call the attorney for a copy. Sometimes a copy is given to the police, so call the police on their NON-emergency line and ask them if they have a copy. Don't call 911 for this. If they have a copy, go to the police station and get a copy. Otherwise go to the family law courthouse and ask the clerk to give you a copy. When you get a copy of the court order, if you don't understand it, or you want some advice, call an attorney. Go to the Self-Help Center to help you with the forms you need to file back against your parents.

Mike Darlington agrees with this answer

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Check with the police if you have a restraining order. If you do not, then ask them go a stand by to pick up your daughter. If they say yes. Then, ask the police for a copy and refrain from contacting your parents.

A: more info needed.

you need to learn if there is an order....either from parents, police or court.

If so don't go against it. Hire a lawyer to reverse/modify it if possible.

If no order and you decide to pick them up, please call the local police for a "keep the peace" unit to go there with you.

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.