My fiance's daughters mother has been interfering with child custody for a very long time. We believe that she is jealous of our relationship even though she has a live in boyfriend. My fiance and her have joint custody and the regular arrangements of every other weekend. Just recently we have been getting the police involved and reporting the incidents as they occur. My fiance is unable to be there on time (6 pm Friday) to pick up his daughter so he asked me to pick her up and told the mother I was coming to pick her up. The mother said no to this. Is this still considered interfering with child custody? and can I call the police to record this incident if i do go to pick her up in reprensentation of my fiance with the child custody agreement order present? what are our options?
Family Law Attorney
What you and your fiance need to do is read his divorce decree or other court order. Typically, there is a provision that is put in the court order that states that the parent getting the child can send another "competent adult" to pick up the child. The other party cannot contest who the other party is unless they have a valid reason why you would not be considered a "competent adult." Nevertheless, it sounds like you guys need to get this back in court if she is not cooperating with the child's exchange.
In regards to the police, having been a former police officer myself, I can tell you that they will not get involved much. They may do a courtesy report for you but they are there to enforce criminal matters, not civil matters. Court orders from a divorce are civil matters and only the court can involve itself in the middle of any issues.
For educational purposes only. No attorney-client relationship was created by this communication.