Q: I have full sole custody of my kids. Their mother has only supervised visits every other weekend from 9am to 5pm.
Can I withhold my son from her visit with him because she isn’t dropping my son off at our agreed upon drop off location. I have voiced my concern before with her dropping him off at our designated pick up/drop off spot.
A: In California, if there is a court order stipulating the pick-up and drop-off location for visitation, both parties must adhere to it. Withholding your son from his mother based on her non-compliance could be seen as a violation of the court order on your part, unless there are immediate safety concerns. If she consistently fails to adhere to the agreed-upon drop-off location, your proper course of action is to document each instance and seek redress through the court. You may request a modification of the visitation order or ask the court to enforce the current order. It's important to act within the legal framework to protect your rights and ensure the best interests of your child. I recommend seeking advice from an attorney to discuss specifics and guide you further.
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.
