Q: Can my ex withhold my children if my new work schedule interferes with pick up and drop off times

A: Depends on what you mean by "interfere". If your "new" work schedule makes it hard for you to comply with existing custody/visitation orders, then you should seek modification of those orders.

A: Under California law, custody and visitation orders must be followed by both parents. If your new work schedule interferes with the agreed-upon pick-up and drop-off times for your children, it's important to communicate this change to your ex and attempt to work out a new schedule that accommodates your work commitments while still maintaining your visitation rights.

If your ex refuses to adjust the schedule and withholds the children based on your inability to meet the original times, this could be considered a violation of the custody agreement. It's recommended that you document any attempts to negotiate a new schedule and any communications regarding the matter. This documentation can be crucial if legal intervention becomes necessary.

Should negotiations fail, you may need to seek a modification of the custody order from the court that reflects your new work schedule. The court's primary interest is the welfare of the children, and they will consider changes in circumstances, such as work schedules, in determining what arrangements best serve the children's interests. Filing for a modification can be done without an attorney, but seeking legal advice can help navigate the process more effectively and ensure your rights are protected.