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3rd party exchange obligations

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gam

Senior Member
What is the name of your state (only U.S. law)? Michigan

Not my case, my concern here is only for my husband and I as 3rd party exchange. I don't know if we have any legal obligation or if we can get in trouble legally or if just falls into my daughters case.

Due to the parenting time order that has no set days or times, it just has dad notifying her 2 weeks prior to visit(long distance), it's rare she can do an exchange. I'm her main sitter, at the start there were issues and it is now in the court order, that my husband can do exchanges and I can only do the exchanges if my husband is home. No other 3rd party can, issues happened with that. I can get exact wording if that is needed.

Our legal obligation is to get the child off to dad, correct? Do I have to physically put the kid in the car or is that dads issue? It's been said on her that a parent would have to, but since I'm just a 3rd party, I don't know what I have to do.

The child is throwing a fit, screaming, running, kicking, hitting. The last exchange occurred this week, it was so bad that the police showed up. Dad tried numerous times to physically get the child in his car, as did I. The police witnessed all but 1 of my attempts, so I'm assuming by their standards it was not abuse, but in my head I felt like I was abusing the child. I'm not posting details, because I don't know if I should since I'm a 3rd party, if someone wants the details and says it ok, I will post. I'm getting myself completely out of the exchange business with this child, however there will be one more exchange coming up before my daughter can get this back into court and I want to cover my own butt only. My husband says per the court order he will be at the next exchange, however he is not attempting to physically get the kid off and said the legal ramifications will fall where they may, even it hurts our daughters case or gets us into legal trouble, but I'm not sure I should take that approach.
 


single317dad

Senior Member
Dad should put the child in his car. If Dad designates another person (you) to put the child in the car, then you have permission. If you don't want to do that, then don't. If Dad can't put the child in his car, then he should leave by himself. Wait for him to do that (let him be the one to abandon the exchange).
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Michigan

Not my case, my concern here is only for my husband and I as 3rd party exchange. I don't know if we have any legal obligation or if we can get in trouble legally or if just falls into my daughters case.

Due to the parenting time order that has no set days or times, it just has dad notifying her 2 weeks prior to visit(long distance), it's rare she can do an exchange. I'm her main sitter, at the start there were issues and it is now in the court order, that my husband can do exchanges and I can only do the exchanges if my husband is home. No other 3rd party can, issues happened with that. I can get exact wording if that is needed.

Our legal obligation is to get the child off to dad, correct? Do I have to physically put the kid in the car or is that dads issue? It's been said on her that a parent would have to, but since I'm just a 3rd party, I don't know what I have to do.

The child is throwing a fit, screaming, running, kicking, hitting. The last exchange occurred this week, it was so bad that the police showed up. Dad tried numerous times to physically get the child in his car, as did I. The police witnessed all but 1 of my attempts, so I'm assuming by their standards it was not abuse, but in my head I felt like I was abusing the child. I'm not posting details, because I don't know if I should since I'm a 3rd party, if someone wants the details and says it ok, I will post. I'm getting myself completely out of the exchange business with this child, however there will be one more exchange coming up before my daughter can get this back into court and I want to cover my own butt only. My husband says per the court order he will be at the next exchange, however he is not attempting to physically get the kid off and said the legal ramifications will fall where they may, even it hurts our daughters case or gets us into legal trouble, but I'm not sure I should take that approach.
Pardon me for asking, but where do you come off with this "OUR legal obligation", "MY daughter" and "OUR daughter" business?!

The "approach' you should take" is not to intercede in a legal matter that is solely the concern of the parents, their respective legal counsel, the child and the family court.

And no one having good sense will tell you that it is "ok to post the details".
 

Zigner

Senior Member, Non-Attorney
Pardon me for asking, but where do you come off with this "OUR legal obligation", "MY daughter" and "OUR daughter" business?!

The "approach' you should take" is not to intercede in a legal matter that is solely the concern of the parents, their respective legal counsel, the child and the family court.

And no one having good sense will tell you that it is "ok to post the details".
What are you talking about, Lat? The OP (well, her hubby) is mentioned in the CO as a 3rd person authorized for exchanges. The OP (well, her hubby) is concerned about what rights & responsibilities are conferred. This is not a matter of the OP (well, her hubby) interceding.
 

BL

Senior Member
"WE' Has nothing to do with it. Get off board. Swim in the lake ,do something better with your time . Pycology is dowwn the hall.

ASnd excuse me ,that's the way I read it too..

that my husband can do exchanges and I can only do the exchanges if my husband is home.
Unreal. what court Judge that ordered that is nuts ,or your spamming or a troll.
 
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Just Blue

Senior Member
"WE' Has nothing to do with it. Get off board. Swim in the lake ,do something better with your time . Pycology is dowwn the hall.

ASnd excuse me ,that's the way I read it too..



Unreal. what court Judge that ordered that is nuts ,or your spamming or a troll.
No BL.

Gam is a long time member and well respected here.

Say your sorry...;)
 

gam

Senior Member
Dad should put the child in his car. If Dad designates another person (you) to put the child in the car, then you have permission. If you don't want to do that, then don't. If Dad can't put the child in his car, then he should leave by himself. Wait for him to do that (let him be the one to abandon the exchange).
That was an issue dad would not leave. Even the police suggested to him that perhaps he should give it a rest and try later when the childs mom was back from work. Dad said he could not do that, he had to be on road(long major distance for dad). So then the police suggested that dad get in his car, and that I or my husband get the child in the car, buckled in the car seat. My husband told them he was done, so I tried, it took me 15 minutes to finally get the child in and buckled.

That's my issue, do I legally have to do this, because if not, I'm opening the door, and telling dad here you go and if he gets him out the door, I'm shutting it and when the police show up again, I'm not coming out and I will refuse their suggestion. But I don't know if legally I have to force the kid and physically do this.
 

gam

Senior Member
Thanks Zig and Blue for getting it right. I am trying to wash my hands of it, but I'm named in the order as is my husband to do the exchanges and I don't know legally what obligations I have. I don't want to have abuse charges slapped on me and by physically trying to get this kid in the car, it sure appears like it could be viewed as that. But many senior posters here have told parents that they have to physically do this, what I want to know is do I as a 3rd party exchanger? I also would rather not have my daughter getting in trouble in court because her exchange people did not do what they were suppose to, although maybe I should not concern myself with that at all. That's the other thing I'm concerned with and if seniors here were to tell me that part is none of my concern, then all good for me and I leave that to her.
 

Just Blue

Senior Member
I wasn't pointing anyone impertular,Just the quoute by the poster . You havd too many margerittas?
No Hon. No drinkypoo for me.

The quote you quoted was from gam (OP). Please re-read the OP and what you posted. Gam is not a troll. ;)
 

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