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Family law My custody visit is 5pm to 8pm. Wife shows up at

Family law My custody visit is...

Family law

My custody visit is 5pm to 8pm. Wife shows up at 7:30pm with dog and asks the children if they want to talk and walk with her and dog. She then direcfs them to her car and leaves at 7:45pm. I have minimal time with kids. She was supposed to pick them at 8pm. There is a monitor too who reported this. Big deal or not?

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Answered in 2 hours by:
9/11/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,726
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The laws on this type of thing very by state. Where do you live?

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Customer reply replied 3 months ago
Ca

Thank you.

She essentially took away half an hour of your custody time, and I could see why people might say it's not a big deal - but that's 1/6 of the total time you have with the kids. It doesn't sound like there was any sort of emergency here where she needed to take the kids away from you. She is technically in contempt of the court order by arriving and taking the kids early. At the same time, judges typically prefer when parents try to work out less violations of a custody order on their own before filing for contempt.

It's possible she was testing you, and she's going to start showing up earlier and earlier. One option is to wait and see if this happens again. Keep in mind that you wouldn't have to open the door to her before 8 pm.

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Interference with custody in California is a misdemeanor. Cal. Pen. Code, Section 278.5. Another option is to let her know that if she does this again, you'll be calling the police on her.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,726
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks.

You're welcome! Have a good day.

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Lucy, Esq.
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