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Court order states dad to pick up son from school. he has his gf picking him up, can I stop this by notifying school?

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Court order gives permission to dad to pick up son from school mon-friday. Dad has girlfriend picking up son from school. She is not in order. Can I notify school that she is not allowed according to order?

Attorney Answers 3

Posted

does it specifically state he has to pick the child up, or does it say his parenting t ime starts after school? if it's the latter then be can have a responsible adult pick the child up for him in his place. even if it's the former, is there something specific that troubled you about his gf ( as in are you concerned for your son's safety). you are going to start a riot if you tell the school not to allow her to pick your son up, so just make sure this is in his best interest

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Asker

Posted

the order states he picks up son from school, but his parenting time is friday-sunday. It clearly states DAD picks up son from school, doesnt state girlfriend or another responsible adult. My concern is She does not communicate with me when my son is with her, communication alone between me and dad doesnt happen either. Dad is difficult and makes exchange of son difficult, for example, "meet the teacher" night is today, I asked him to bring our son so we can go straight home after, because I will have to leave early from the meeting to get to meet up location. Dad said no, he is sticking to order and refusing to bring son with him. So I told him, yes we should stick to order, and now no one but the mentioned parties in Order is allowed to pick up and drop off, since he said his girlfriend cannot and will not bring him to the "meet the teacher" event.

Rachel S. Silberstein

Rachel S. Silberstein

Posted

sounds like a difficult situation. you certainly can tell the school that, and depending on school policy they may reflect your request. but be prepared that you may have to pick him up if she is not allowed too do so and dad is not willing to come himself.

Asker

Posted

I understand this might happen, but dad is in court fighting for full custody and his defense is he has the time to be there for our son to pick up from school, etc which in fact is a lie because he is giving that responsibility to his girlfriend and refuses to allow me to pick up our son since it states in order he is to pick up our son. He uses the court order when its convenient to himself.

Rachel S. Silberstein

Rachel S. Silberstein

Posted

I understand now. in that case make sure you mention this when you're in court, and if you don't have a lawyer I highly recommend retaining one

Asker

Posted

thank you. Im in looking for one.

Rachel S. Silberstein

Rachel S. Silberstein

Posted

there are many competent lawyers on this site that would be happy to take your case

Asker

Posted

I know, its pretty expensive with two children, I need something in my budget.

Posted

Is there a reason that the girlfriend should not be picking up your son? (like safety concerns)? Consider that this is dad's time and perhaps he can't make his full time - would it bother you less if it was just a babysitter? Also consider that punishing dad doesn't always have the result you want - don't end up punishing your son by limiting dad's time just because you are unhappy with him or hurt. Put your child first and let that be your guide.

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4 comments

Asker

Posted

Dad farms out his obligations and parenting time on his girlfriend, she is the one who picks up our son from school and does homework with him and drops him off to me. He is in court fighting for full custody, his defense being he has more time than I do and he can spend more time with our son, such as homework time, after school time, picking him up from school, etc.. Which is obviously false because his girl friend is the one doing all of the above. There are no safety concerns but GF does not respond to my text or calls when she has my son.

Asker

Posted

we agreed to dad picking him up claiming he does not work, but why is not following order, and being there for his son?

Morghan L Richardson

Morghan L Richardson

Posted

Sounds like it would be easy to show that while he has more time to give, he isn't actually giving the the time that he should. If you are going back to court on a temporary order, then certainly bring it up as a way to defend against his claims. Simply ask the school to note who picks him up - see if you have a witness from school. Dad can send someone to help him, just like you can send a sitter to help you. But if dad isn't spending any of his time with your son, then you can bring that to light. However, if you have a final order and you are thinking about bringing this up to modify, then it seems like you have a long, expensive fight on your hands that won't really result in much change. Eventually dad's lack of attention will impact his relationship with the child and the child will be the one asking for less time.

Asker

Posted

What are your fees? hourly, per court appearance? retainer. I need to find an attorney within my budget.

Posted

Want to cause an expensive fight? Hire one of us and let's sue. Want to save some dollars? Leave it alone.

Good luck.

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2 comments

Asker

Posted

you sound crazy right now, are you sure you are an attorney for parents who are seeking justice, or you trying to get children taken away from parents?

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

You sound like a parent who will lose her child. A responsible adult can pick up a child. Unless there is a prohibition against a certain adult, he can continue to use that adult. The general principle is that a parent can make use of his parenting time any way he wants and if that includes having a girlfriend retrieve the child from a facility, he can use that right, You sound angry and stressed over the girlfriend. You'll have to file a petition to modify the visitation order to require parent pick ups. This rule will apply to you as well and you'll lose flexibility should you get stuck in an emergency and violate an order by having a non-parent retrieve your child. I would deem yours a losing case and I would advise you to cool your jets. I would not process your credit card and I would not issue you a retainer. The risks of loss are quite high and the result can boomerang on you. I would perhaps process the credit card if the girlfriend was drunk and picked up the child and forgot to put on the child's seat belt. That would be a winning case.

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