I have joint 50/50 custody of my son with my ex boyfriend. Tomorrow is his scheduled pick up day for the weekend, our document says "father shall pick up..." and ive re read over it and i see nothing stating he can send someone to pick up our son for him... he has to work tomorrow as do i, and i will be working when he gets off...our designated pick up time is 930 am. He is wanting to send his mother to pick our son up. I have had to call the police on her in the past for harrassing phone calls, and she texts me and verbally assaults me on a regular basis. Quite frankly, i am afraid to meet her and i have no one to go with me to meet her. Would i be in trouble if i made his father pick him up when he gets off? I thought about recording our drop off but i dont know if thats legal. Im in florida by the way
If your Parenting Plan (Order) states as you mention "father shall pick up", then, the father shall pick up. I suggest texting or emailing the father (so that you have the communication in black & white), that your Order states "father shall pick up", not that the father can arrange pick up by a third party and that you do not feel comfortable meeting his mother. Tell him that you will keep the child until he is off of work and able to pick him up himself.
Charles Jamieson, Esquire
While Mr. Jamieson is correct, a literal reading of your parenting plan does require the father to pick up his child. However, parenting requires flexibility, and there may be a time in the future when you need to delegate responsibility for picking up your child. The Florida Parenting statute contains the the factors the courts should consider in establishing or modifying a parenting plan. The first states "The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required."
I agree you should communicate your issue to the father and try to work around this problem. However, if the father files motions to clarify the parenting plan to allow him to delegate child pickup, the judge would likely grant it. The judge may also be displeased with your inflexibility and inability to deal with the child's grandmother.
Please let me know if this post was helpful to you in deciding how to resolve your issue.
Mr. Feuerstein has provided a comprehensive, logical and thoughtful answer to your question. You should follow his advice in all respects.
I agree with Mr. Feuerstein but to add to that if you decide to drop the child with the another person other than the father and you are truly scared you should do it potentially at a police station or somewhere safe.
This issue may require judicial resolution for the judge to decide who can and should be involved in the exchange of the child. I agree with the others that generally the courts will require parents to be flexible on such issues. On the other hand, if the grandmother is verbally abusive and abusive by text, you may succeed in preventing her from being involved. A qualified local lawyer can file a motion with the court and get a quick hearing on this topic for you if you feel that it cannot otherwise be resolved.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline