No answer to this one

[simpleguy05]

Theoretical question here: A friend asked me the other day what could be done about his ex (CP) not picking up the child when they were supposed to. I was dumbfounded. I didn't have a clue. I really haven't heard of that before. The reason he said he wanted to know was because he had something important to do or something along those lines and his ex refused to pick the child up because she had a party she wanted to go to or something. I know its trivial, but what would someone do in that situation?

 

[Whyte Noise]

Keep my child and be happy with the extra time....

Legally speaking, it depends on what the other says re: who is ordered to pick up and at what time. If the ex is ordered to, and she doesn't show, then he's under no legal obligation to return the child to her. If he's the one that's supposed to return the child, then of course he has the obligation to do so at the court ordered time.

 

[tigger22472]

What Missourigal said is true but your friend should be careful. If the CP is known for 'pulling' stuff the CP could try going to the police saying NCP is the one who refused to release the child.

 

[simpleguy05]

I kinda follow. He said that she was (in they CO agreement) to pick the kid up at said time and refused. So I can tell him that he doesn't have to return the child at all? I dont think you meant that did you?

 

[simpleguy05]

What Missourigal said is true but your friend should be careful. If the CP is known for 'pulling' stuff the CP could try going to the police saying NCP is the one who refused to release the child.

I was kinda thinking that too. Hmmm, one for everyone to ponder I guess.

 

[tigger22472]

I kinda follow. He said that she was (in they CO agreement) to pick the kid up at said time and refused. So I can tell him that he doesn't have to return the child at all? I dont think you meant that did you?

He would be required to return the child when the CP appeared to get the child, he can't withhold the child, however he can have the child up until the point in which the Cp gets the child... hope that made sense.

 

[BelizeBreeze]

If there is a standing custody order and the mother has not picked up the child, then dad needs to put the child in the car, drive the car to mom's house, stopping along the way to ask the police or some other third-party to follow as a witness, stop at mom's house, take the child out of the car, walk with said child to mom's front door, ring the bell (or knock on the front door) and hand the child over.

If, in front of witnesses, the mother refuses to take the child. Dad should return with the child to the car, strap said kid in the car, get in, start the car and turn towards home. Once at home the father should have the witness sign a self-written statement and attach that statement to his petition to amend custody which he will file in court the first thing Friday morning.

 

[simpleguy05]

Let me simplified what he asked me a little bit. He wanted to know what he could do legally to prevent her from continuously not showing up to get their kid. (The reason being he had something important to do and couldnt and doesn't want her to start doing this all the time) If no ones knows, no biggy. I myself didnt know what to tell him.

 

[tigger22472]

Let me simplified what he asked me a little bit. He wanted to know what he could do legally to prevent her from continuously not showing up to get their kid. (The reason being he had something important to do and couldnt and doesn't want her to start doing this all the time) If no ones knows, no biggy. I myself didnt know what to tell him.

If she's continually not picking up the child then he should file for custody.

 

[simpleguy05]

If there is a standing custody order and the mother has not picked up the child, then dad needs to put the child in the car, drive the car to mom's house, stopping along the way to ask the police or some other third-party to follow as a witness, stop at mom's house, take the child out of the car, walk with said child to mom's front door, ring the bell (or knock on the front door) and hand the child over.

If, in front of witnesses, the mother refuses to take the child. Dad should return with the child to the car, strap said kid in the car, get in, start the car and turn towards home. Once at home the father should have the witness sign a self-written statement and attach that statement to his petition to amend custody which he will file in court the first thing Friday morning.

Sorry, I was typing when you replied. Ok, lol, I'll tell him to do just that.

 

[Mbarr]

Theoretical question here: A friend asked me the other day what could be done about his ex (CP) not picking up the child when they were supposed to. I was dumbfounded. I didn't have a clue. I really haven't heard of that before. The reason he said he wanted to know was because he had something important to do or something along those lines and his ex refused to pick the child up because she had a party she wanted to go to or something. I know its trivial, but what would someone do in that situation?

If CP fails to pick up the child at the appointed time, or within a reasonable period thereafter, then NCP isn't required to sit and wait until CP decides to show up. He should go about his business, with his child in tow. He cannot, however, withhold the child from CP when she does show up.

 

[simpleguy05]

If she's continually not picking up the child then he should file for custody.

He did but hes military and you almost never get custody when the CP is deemed fit to have the child, because of deployments and such...he's one of my troops so I'll pass the word along. Thanx guys.

 

[stepmom&mom]

Well, you could avoid that mess altogether IF the state you live in is a one party state for recording phone calls. He could call her up, and ask when she is coming to get the child, and when she says, on tape, that she is not going to pick up child, but is going to a party, then he could use that as evidence when he files a petition for custody.

 

[Mbarr]

I don't see this as the basis for a change of custody. Certainly it would support a petition for increased visitation. Mom may even agree to the increase.

That said, my understanding of the first post was that dad doesn't want to keep the kid extra and is not happy that mom is late picking up, because he had something he wanted to do also.

 

[simpleguy05]

Sorry I was off in la la land. Anyhow, he's a good kid, it wasnt that he didnt want his child. He just had a pressing matter at hand. He was asking for my advice because he's young and this game is new to him, and he didn't know what to do if she made a trend outta not showing up. There are also things to consider as an NCP military dad as I well know. Nights when you have duty, deployments, mandatory classes...etc. I think he's worried that his young ex may want to start partying and leaving him to bear the brunt.
And I agree with the custody comment. I'm not quite sure that it quite falls under the reasons to assume she cannot be CP.............yet. Once again thanks guys.