driving from A to B during visitation

[californiamom3]

What is the name of your state (only U.S. law)? CA
Dad has supervised visitation that recently, once, has gone unsupervised per kids request. (This was agreed upon in court)
Now dad is asking for oldest daughters drivers license number so he can add her on to his insurance.
Orders have nothing specific about him driving with the girls except he is not allowed to take them out of the county.
Considering he just now went to unsupervised...I'm just thinking that he's moving a little fast with this.
Am I out of line on thinking that visitation once a week does not include him driving them somewhere?
A little history in case you don't want to look it up....Dad was out of the country for 5 years and has exercised 5 out of the 10 possible visitations, has court ordered anger mangmt. N/A attendance, family counseling, and random drug testing.

I'm not sure where to go with this considering it's not on the paperwork.
Was also thinking that as NCP does he have the right to kids paperwork yet?
If he is, I'll hand it over......just not sure.

 

[Concerned33]

Do you have joint legal custody? ANd why can't he drive them? And why is there a problem with him adding your daughter to his insurance policy? That sounds like the responsible thing to do to me. ANd if he DOES have joint legal custody, then he is entitled to the same paperwork you are.

 

[LdiJ]

Do you have joint legal custody? ANd why can't he drive them? And why is there a problem with him adding your daughter to his insurance policy? That sounds like the responsible thing to do to me. ANd if he DOES have joint legal custody, then he is entitled to the same paperwork you are.

I cannot think of any possible reason why he would need to add the child to his insurance policy. Even if he occasionally allowed her to drive his car, it shouldn't be necessary for her to be added to his policy if she already has car insurance.

 

[californiamom3]

Do you have joint legal custody? ANd why can't he drive them? And why is there a problem with him adding your daughter to his insurance policy? That sounds like the responsible thing to do to me. ANd if he DOES have joint legal custody, then he is entitled to the same paperwork you are.

I have sole legal and physical custody. 5 years ago all of his visitation rights were taken away.
Now that he is back, this "getting to know each other" stage for he and the kids is supposed to be in baby steps. (Judges words)
In previous orders he was not allowed to drive them anywhere, go to the school, come to our house, etc.
In the most recent orders he has supervised visitation.....to turn into unsupervised based on the kids comfort level. It also says on the new papers,
"All other orders not change by the recommendation are to remain in full force and effect."
I think I just answered my own question!
Yet, we also discussed in court that if dad and I can work this out on our own we can kind of change up visitation as it goes. I don't have an issue with him driving kids maybe a little later down the road. I think this is too soon.
Not to mention.....my DCSS case worker informed me that his license has been suspended again.....he has yet to receive notice. (I asked and he said he didn't and told me that my caseworker doesn't know what she's talking about. He said he called DMV and they haven't received info. either. He may not be being honest....no way for me to know.)

 

[Concerned33]

Ok.. there you go. You did answer your own question... if driving was not addressed in the most recent order, and it specifically states that anything NOT addressed in current stays in full force and effect, then no, he cannot drive them. And as far as sole legal, then no , you dont have to hand him over anything without a court order stating so... I would not think. I am not an attorney, but If I were sole legal custodian, I would not give him any information. And LDiJ has a point about the insurance thing. But it also may depend on his policy/carrier too... maybe even he does not realize that he may not have to add her.

 

[happybug]

Or perhaps, he just wants to insure your daughter on his car because he is aware that his insurance will be dropped once insurance company knows he has no valid DL.

 

[LdiJ]

Or perhaps, he just wants to insure your daughter on his car because he is aware that his insurance will be dropped once insurance company knows he has no valid DL.

Ah...now that's an interesting possibility...and if he does that and has a wreck, watch your daughter not be able to get insurance anymore.

 

[californiamom3]

Ah...now that's an interesting possibility...and if he does that and has a wreck, watch your daughter not be able to get insurance anymore.

He recently asked me to get passports for the children so that they could "One Day" visit his home country.
I really didn't want to sound like the nasty CP by insinuating that he is up to something by asking for her DL#
Even though I answered my own question I appreciate support from all of you.

 

[californiamom3]

I'd tell him lets wait until that "one day" comes and you'll discuss it then.

That's pretty much what I said about the license too.
My exact words were, "When you have regular visitation, and are allowed to drive around with the girls, I will provide you with all the information you need."

 

[Concerned33]

I most definetely would NOT allow him to get any kind of passports! There is a reason you have sole legal and physical custody. He has to have your permission to get them anyway.

 

[Ohiogal]

Ok.. there you go. You did answer your own question... if driving was not addressed in the most recent order, and it specifically states that anything NOT addressed in current stays in full force and effect, then no, he cannot drive them. And as far as sole legal, then no , you dont have to hand him over anything without a court order stating so... I would not think. I am not an attorney, but If I were sole legal custodian, I would not give him any information. And LDiJ has a point about the insurance thing. But it also may depend on his policy/carrier too... maybe even he does not realize that he may not have to add her.

You are wrong. Dad is entitled to his daughter's social security information and even driver's license number. He is HER PARENT.

 

[Concerned33]

What is the difference between SOLE legal custody as opposed to joint LEgal then? If that is the case, then there should not be two different legal custody statuses.. no? And I did put "I would think"... meaning... thats would be my take on it.. I never said I was right... just giving my opinion and my laymans take on it. But thank you for pointing that out.

 

[californiamom3]

Ok, so now I'm confused!
Am I to provide her DL# if he asks?
As far as the passport goes he was previously ordered to turn in his passport due to child abduction prevention orders. He was to notify the Dutch Consulate within 60 days but never did. That's why he was able to leave the country 5 years ago.
He was recently again ordered to turn over his passport but there's no way of knowing if he has. There is a no travel with children which specifically states he not take them from the county as well. Couldn't he get a passport with her documents?

 

[Ohiogal]

What is the difference between SOLE legal custody as opposed to joint LEgal then? If that is the case, then there should not be two different legal custody statuses.. no? And I did put "I would think"... meaning... thats would be my take on it.. I never said I was right... just giving my opinion and my laymans take on it. But thank you for pointing that out.

Sole legal gives SOLE DECISION MAKING. However dad still has access to the information concerning his child. JOINT LEGAL means joint decision making.

 

[californiamom3]

2. Sole Physical Custody: A parent may be granted exclusive physical custody without exclusive legal custody. This means the child resides with and is supervised by one parent, subject to the other parent's visitation rights; but the custodial parent does not have sole decision-making power regarding other matters affecting the child. [Ca Fam § 3007]

3. Sole Legal Custody: Conversely, a parent may be awarded the exclusive right and responsibility to make decisions relating to the child's health, education and welfare; but unless exclusive physical custody is also granted, that parent does not have sole control over the child's residence and supervision. [Ca Fam § 3006]

Since I have both sole legal and physical custody don't I decide on who, when and where to give out the childrens documents?