Court papers on Visitation

[MomInNE]

What is the name of your state?NE


My husbands parenting time, in the court papers , states from Thursday, from 5pm or such time as child is released from daycare or school until the following Sunday at 6pm.
His daughter does not have school tomorrow ( Thursday) Does that mean his parenting time starts in the morning?
Bio mom is putting their daughter in daycare all day.
If he wants, can he pick up his daughter since she's not in school ?
If it's his time, he doesn't want his daughter in daycare.
His daughter does not go to daycare during his parenting time, just during Bio moms parenting time.

 

[LdiJ]

What is the name of your state?NE


My husbands parenting time, in the court papers , states from Thursday, from 5pm or such time as child is released from daycare or school until the following Sunday at 6pm.
His daughter does not have school tomorrow ( Thursday) Does that mean his parenting time starts in the morning?
Bio mom is putting their daughter in daycare all day.
If he wants, can he pick up his daughter since she's not in school ?
If it's his time, he doesn't want his daughter in daycare.
His daughter does not go to daycare during his parenting time, just during Bio moms parenting time.

I can understand that he wants to spend the extra time with the child. (and I think its only fair) However the orders are specific...school OR daycare. That is one of those things that he should probably plan to get adjusted in the parenting plan the next time they are in court.

 

[MomInNE]

Question

I pick up their daughter on Thusdays from school.
Since she's going to be in daycare can my husband release her from daycare at anytime. Bio mom does not get off work until after 5pm.
I guess I'm a bit confused

 

[casa]

I pick up their daughter on Thusdays from school.
Since she's going to be in daycare can my husband release her from daycare at anytime. Bio mom does not get off work until after 5pm.
I guess I'm a bit confused

If he's supposed to pick her up at 5pm or when she's out of daycare/school, why doesn't she just get picked up at 5pm? I heard you say he doesn't want her in daycare during his parenting time- but if you are picking her up, he's not going to be there anyway (probably at work), so why not leave her where her Mother put her until Dad gets off work, or until 5pm as the order states and then pick her up at daycare?

 

[MomInNE]

My husband doesn't have to work tomorrow. Since his daughter doesn't have school he took the day off.
Plus, they split daycare cost. Why should he pay for daycare when she can be with him? Seems foolish....
I pick her up from school on Thursdays because my husband is normally working.

 

[CJane]

My husband doesn't have to work tomorrow. Since his daughter doesn't have school he took the day off.
Plus, they split daycare cost. Why should he pay for daycare when she can be with him? Seems foolish....
I pick her up from school on Thursdays because my husband is normally working.

Chances are, he pays for it whether she's there or not. Most daycare centers don't itemize it out by the hour.

I'd recommend that your husband discuss this with his ex, and explain to her that he'd like to have a 'special day' with daughter tomorrow, and that he's planning to pick her up early. Unless Mom has some pretty serious objections, it shouldn't be a big deal.

 

[MomInNE]

This daycare is by the day...since she only goes there when she does not have school. (on bio moms days) In the past she's come here on Thursdays and Fridays when she does not have school. But bio mom is mad and this is what she does when she's mad.
Ex will object to anything my husband would like to do for or with their daughter.
That's why he needs to know if it's his legal right to pick her up from daycare, since his time is from 5 pm or when released from daycare.
Can he release her from daycare...the papers do not say who can or can not release her from daycare.

 

[casa]

This daycare is by the day...since she only goes there when she does not have school. (on bio moms days) In the past she's come here on Thursdays and Fridays when she does not have school. But bio mom is mad and this is what she does when she's mad.
Ex will object to anything my husband would like to do for or with their daughter.
That's why he needs to know if it's his legal right to pick her up from daycare, since his time is from 5 pm or when released from daycare.
Can he release her from daycare...the papers do not say who can or can not release her from daycare.

If he has joint legal and you live in the same area- he can take the papers to the daycare and see if they'll put him on the pick up list. If he's not already on there, then I wouldn't advise him trying to pick her up....but just wait until 5pm.

In the future this is something he'll have to iron out in the court papers (Something like Right of First Refusal), since you say it's a pattern with the Mom wiggling around things like this.

As I recall your husband already addressed the daycare issue and the mother was given the go-ahead to take the child there. Sometimes parents just want their child to have more socialization...though it doesn't sound like that's exactly the case here.

 

[MomInNE]

As I recall your husband already addressed the daycare issue and the mother was given the go-ahead to take the child there

It was my husbands understanding that she could only take her to the daycare when she doesn't have school on her days..Mon,Tues and Wed.
Not Thur and Fri.

Thanks for the input..
As for the socialization, she goes to school all week and has after school daycare Mon-Wed.

It gets very frustrating when you make plans with ALL the children to do something as a family and Bio mom has to disrupt it because she wants to get " even" or throw her weight around.
Our children we have together look forward to the time we have with their sister. So they also get let down.
It just doesn't seem right.

But thanks again....
We go to court on the 25th for the boyfriends child abuse and child neglect case. We will see if things will get better or worse after that.

 

[MamaLlama]

what is the summer policy on his days?

Is there a policy in the agreeement regarding summer or days when there is no school? Do you have a right of first refusal? Either of these things may be considered applicable if there is a stalemate between co parents.

If not - then heck volunteer at day care that day and spend the day with her there. It would be a riot if Mom tried to file for contempt over that. I would go to the effort to clear up any gray areas in the agreement that you know will continue to be sources of conflict or are possible future sources of conflict.

 

[casa]

It was my husbands understanding that she could only take her to the daycare when she doesn't have school on her days..Mon,Tues and Wed.
Not Thur and Fri.

Thanks for the input..
As for the socialization, she goes to school all week and has after school daycare Mon-Wed.

It gets very frustrating when you make plans with ALL the children to do something as a family and Bio mom has to disrupt it because she wants to get " even" or throw her weight around.
Our children we have together look forward to the time we have with their sister. So they also get let down.
It just doesn't seem right.

But thanks again....
We go to court on the 25th for the boyfriends child abuse and child neglect case. We will see if things will get better or worse after that.

I hope it works out for you guys...that little girl deserves to be free from abuse.

 

[MomInNE]

Is there a policy in the agreeement regarding summer or days when there is no school? Do you have a right of first refusal? Either of these things may be considered applicable if there is a stalemate between co parents.

Durring the Summer My husband has two weeks and bio mom has two weeks. That is the only thing in the court papers about the Summer time. Nothing about when she's not in school.

There is no first right of refusal...Bio mom didn't want it in the papers and in exchange for taking that out, my husband has extended parenting time. 3 to 4 days a week.

If not - then heck volunteer at day care that day and spend the day with her there

I use to watch my step daughter when she was not in school and all summer.
BUT ever since stepdaughter came over with a huge bruise on her shoulder and she said mom's boyfriend did it. I called CPS and Biomom won't allow me to watch her anymore ( on her days )
The boyfriend has court on the 25th of March.

I hope it works out for you guys...that little girl deserves to be free from abuse

THANKS!!!

 

[Jillian483]

reply

your husband cannot legally pick up the child until 5:00 no matter if she has school or not. SORRY i know it sucks

 

[MomInNE]

your husband cannot legally pick up the child until 5:00 no matter if she has school or not. SORRY i know it sucks

When his daughter has school he ( or I) can pick her up when she's released from school at 3 pm...

court papers , states from Thursday, from 5pm or such time as child is released from daycare or school until the following Sunday at 6pm.

The court papers do not state that only he can pick her up from school. I've checked with our lawyer on that one. If my husband says I can pick her up from school on his parenting time ( Thur and Fri ), Biomom can't say no, since first right of refusal is not in the court papers.

On fridays when she does not have school, Biomom can not make my husband take their daughter to daycare when he has to work. She can stay home with me and her siblings.