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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have a dissolution of marriage/final judgement that states

Customer Question

I have a dissolution of marriage/final judgement that states specific persons for pickup and emergency contact for our minor child for school and my ex husband has listed an emergency contact and had a person on this list picking our daughter up, is this grounds for contempt? Also, the school is aware of the judgement and has allowed a person not on list to pick her up because "they are not in a position to interpret the legal documents" is this right?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard.

I need to be clear - the person the Father has picking up your daughter is not on his list?

If that is the case, yes. You can file a contempt of court proceeding and have him appear and show cause to the court why he has not added the person to the list.

As to the school, they will not get involved in a divorce or custody matter. But if a Parent calls and tells them the name of a person who will be picking up the child they can allow it. They have a list and they should follow it. But if they do not, unless something terrible happens to the child when released to the person not on the list, the school would not be negligent.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 2 years ago.
Our judgement states myself, him, his parents, my parents or my sister. He has his wife doing it. She is not listed on our papers. Can he have her added without my consent? As for the school it was asked on a paper they handed out if there were any judgements pertaining to our child and for what.
Expert:  Samuel II replied 2 years ago.


It will depend on what your divorce degree says. It you are to approve the list, then no he cannot. He has to advise you that someone is added to the list. If, however, it does not say that you or he needs to approve someone added to the list, then it is not in contempt.

Expert:  Samuel II replied 2 years ago.

The school can take direction from either parent as to who can pick up the children. They will not get involved in the legality of the divorce agreement. If, however, they release to anyone not on the list, whether approved by both parties or not, then they can be held accountable for negligence.

Expert:  Samuel II replied 2 years ago.

The adding of names to a list works both ways, again depending on what the court order says in this regard. You can seek a Modification requesting that both of you be notified of any changes to the list.

Customer: replied 2 years ago.
It says "the aforementioned persons are the only persons to be listed as "emergency contact" or "pick up" persons with regards ***** *****". It doesn't state adding persons to list.
Expert:  Samuel II replied 2 years ago.

Ok. In the absence of it stating how the list can be changed, I suggest you have two options

1 - file the contempt OR

2 - contact the Father in writing and discuss how you feel any changes to the list should be made in the best interest of the child so that both of you know who has the child and when.