I have sole custody of my two daughters and their father has standard visitation. When they are on visitation with him and its time for them to return home, can he keep my daughters from me if I authorize another person to pick up my daughters.
Sole custody means you have legal and residential custody. The non custodial parent has visitation rights and must pay child support.If either parent intereferes with the parenting time of the other, that is normally considered a violation of the court order, and in some cases the intefering parent can be arrested.
I would start of by telling the ncp that this person has permission to pick up your children, and if he does not permit it you will file an notice to enforce the original court order, with a request for court sanctions. If this person is your current boyfriend, the court might consider that an unnecessary provocation on your part.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful
(Even if you are not filing a lawsuit this information can be useful).
You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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