Legal Question in Family Law in California

Can i avoid making contact with the mother of my children by having a family member picking and droping them off


Asked on 2/12/12, 11:50 am

1 Answer from Attorneys

Brian McGinity McGinity Law Office

There are a number of different ways to avoid having contact with the other parent. Sometimes, it is as simple as picking a neutral location and having agreement in the form of a stipulation between the parents along with the court's approval, that no contact occur between the parents.

An example would be, if you exchange the children at a Starbucks and mom drops them off and they walk into the store and dad is waiting for them. It can also be that the parent dropping off the child or children stays in the car while the child or children walk up to the house. It doesn't mean the parent dropping off the children doesn't watch the kids to make sure they get to the other parent. They do watch to make sure. Of course, both of those examples assume the child or children are old enough to walk into the store or up to the house on their own. If they're toddlers it won't be that simple. Basically, anything can be requested it just needs to make sense.

The answer to your question is "yes', I know parents that have had family members help with the exchange of the children. However, I suggest you talk it over with an attorney and explain your specific situation completely. It is important that you understand all the pros and cons of what your asking and how they will apply to your situation. Problems can and often do occur especially when a third person is brought into the mix. Unfortunately family members, although they may have the best intentions, sometimes screw up. They may forget to pick up or drop off the child/children, they might get the times confused especially if the exchanges call for different times or there is a mis-communication as to the arrangements regarding the pick up and drop off. Remember Murphy's law. At the very least I suggest you speak with someone at the family law facilitator's office so that you understand exactly what you're requesting. Feel free to contact our office if you have any questions or would like to discuss hiring an attorney. You can also leave us a note on our web site with your question and we will give information if you'd like. The web site is www.brianmcginitylaw.com .

Good luck

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Answered on 2/12/12, 3:46 pm


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