QUESTION

Custody

Asked on Jun 18th, 2015 on Child Custody - California
More details to this question:
My fiance has physical custody of his daughter. This weekend the child goes to visit with her mother. Being that it is fathers day his pick up time is at 9am. Mother is living at a recovery program through a mission. If she is not outside of that place at 9am and she fails to return child by 9am, what can my fiance do? Also how long should he wait before violating her (30minutes-1hr)? Should police departments be called or should mother be called? The communication between him and child's mother is difficult since mother constantly does things to purposely upset him and is very sarcastic.
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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You hopefully have a court order outlining this arrangment clearly.  If so, he has the option of calling the police to enforce his orders.  I would strongly suggest that before he involves the police he text her a curteous and clear message at 9:00 a.m. that he is waiting outside and to please send the children out.  Repeat at 9:10 a.m. If no response, if he can go inside and request that she be brought out at the reception desk he should do that.  If those efforts are unsuccessful he should call the police to gain her compliance.  Again, all this assumes that he has a clear and enforceable parenting order with this holiday schedule expressly outlined.  If not my advice might be different. Good luck to you both.  . 
Answered on Jun 18th, 2015 at 1:14 PM

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