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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13342
Experience:  Experienced in multiple areas of the law.
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I have an order to drop daughter off at her moms at 5 am when

Customer Question

I have an order to drop daughter off at her moms at 5 am when I have her (joint custody) but I live with my parents right now. My mom took my daughter to school. to school today and now x is wanting to take take me to court. My attorney in the beginning said that if I lived with parents they have the right to do that even if it's in our decree. Is that right?
Submitted: 2 years ago.
Category: Family Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for your question.
You need to look at the court order - unless there is something in it that says only you can pick up and/or drop off your child, you are permitted to have someone else, like a grandparent, do so for you. She would not be able to take you for court about this.
Customer: replied 2 years ago.
Her attorney said he will file for contempt.
Expert:  RobertJDFL replied 2 years ago.
I think that it's a baseless threat and would be a waste of your ex's money. Unless prohibited by your custody agreement, or there is a reason that your mother shouldn't drop off your daughter (e.g., she is an unsafe driver who would endanger the safety of your daughter) this is not grounds for contempt. She can seek to modify to have the agreement to put in something about who may do pick ups/drop off, but that would be a separate motion, and not a contempt action.
Customer: replied 2 years ago.
Thanks. Even though it says I will drop her off at x house. My attorney said that because I live with parents it's like they take role of (wife) per say. She sent me the email her attorney sent for contempt.
Expert:  RobertJDFL replied 2 years ago.
Okay, so the order says that you're supposed to drop her off at your ex's house but she was dropped off at school instead, is that correct? Technically, that is a violation of the order but in my experience most judges would not hold a person in contempt for bringing the child to school instead (and would likely be annoyed that they are being dragged into a hearing over something the parents should have worked out on their own) unless your ex was not aware that your daughter was being dropped off at school and something happened, for example.
Customer: replied 2 years ago.
No I let her know. Thank u.
Expert:  RobertJDFL replied 2 years ago.
I really think you'll be okay. Worst case scenario, I don't see a judge coming down on your very hard for something so trivial. Like I said, most family law judges I've had the pleasure to appear before prefer parents work out as much as they can on their own when it's minor stuff, otherwise the courts would be clogged all the time!
Kindly remember to leave me a positive rating for my time as hat is the only way experts are paid, even though you may have left a deposit.
Customer: replied 2 years ago.
Ok. U have been big help:)
Expert:  RobertJDFL replied 2 years ago.
It's been my pleasure. Thank you for using Just Answer.

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