I have sole physical custody of my 2 year old daughter in a pending divorce - filed Aug 05. I am her primary caretaker and she has never spent a night away from my home. Her father has parenting-times in our one temporary order. Based on advice from my original atty, I have been driving one-way for her parenting-time visits since they initiated in Aug. We have just completed our final 'hurdle' prior to our pre-trial. (Her father wants joint custody.) I note here the divorce is contentious. The custody evaluation has been completed and the report read. This evaluation was done by the county - an officer of the Court. Her recommendation was sole legal and physical custody be given to me and that the father do all the driving. Based on this, my attorney told me on Friday to stop driving one-way and to notify him that I would no longer be driving. I did so via e-mail. (The temp order makes no reference to driving.)
Today he came to pick my daughter up for her visitation. I reminded him that he would would be responsible for bringing her home. He said he would not, I had to pick her up. I again reminded him there were no Court orders in place for me to drive and his parenting-time ended at 6:00 p.m. pursuant to Court Order. He told me he'd have her ready for me to pick up. I let him know that there would be a contempt citation filed if he did not return her. He took my daughter and left. Question: If there is one order that gives him parenting time visitation from 9:00 a to 6:00 p, and he does not bring her home, with no orders in place for driving, where does that leave me, legally? (I will not leave her overnight.) Thank-you. _______________________________________________ legal mailing list [email protected] https://lists.mozilla.org/listinfo/legal
