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Does NCP have a right to pick child up from Daycare early?? Florida

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  • Does NCP have a right to pick child up from Daycare early?? Florida

    Through court ordered visitation, my boyfriend has visitation of his now 2-year-old son set forth on every other weekend overnight and two nights a week on the weekends he does not get his son. The CP just informed my boyfriend that she is going to put their son in a daycare (from 7am-3pm) now that she wants to pick up more hours at work. My boyfriend frequently gets off work early in the afternoon (by 12pm) and asked the CP if he could pick their son up from daycare on those days to have a few hours of extra visitation time with their son at least until mother gets off work. She refused because she is a pain in the butt. :-P If they cannot come to some agreement with this issue (which I am sure they will not), does my boyfriend have a legitimate reason to take CP back to court for the extra time that he could be getting? (Like using the point that the child is barely two and should be having the benefit of being with his father for a few hours a day if dad is willing to pick him up early from daycare. After all, he is not yet in state mandated school). Thank you in advance for everyone's advice!

  • #2
    I guess I should also include that there was no "right of first refusal" in the court agreement. But is this new daycare thing a good enough reason to go back to court and implement a right of first refusal agreement??
    Last edited by 4thefather; 12-04-2006, 02:22 PM. Reason: oops

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    • #3
      What does the judgment in your lawsuit say (if anything) about your question?
      “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

      --Benjamin Franklin

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      • #4
        Originally posted by seniorjudge View Post
        What does the judgment in your lawsuit say (if anything) about your question?

        There really wasn't anything said about this. It was assumed at the time that the CP's mother and herself would continue watching the child until he was of age for school. There was no "right of first refusal". Is there a way, if she does not agree, to go back to court and implement a right of first refusal?
        Last edited by 4thefather; 12-04-2006, 02:28 PM.

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        • #5
          Originally posted by seniorjudge View Post
          What does the judgment in your lawsuit say (if anything) about your question?

          I did forget to add that he does have joint custody of his son. I am not sure what specific rights that entitles him too.

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          • #6
            what are dad's times as outlined by the court order? doe he have them at 5 friday until like 8 sunday- whatever times are in the order he has to follow. mom not giving him extra time is not reason enough for the court to entertain a hearing the issue
            http://www.gestaltmediation.com/

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            • #7
              Originally posted by Zephyr View Post
              what are dad's times as outlined by the court order? doe he have them at 5 friday until like 8 sunday- whatever times are in the order he has to follow. mom not giving him extra time is not reason enough for the court to entertain a hearing the issue

              It is hard to understand how the child could be at daycare when he could be spending time with his father. So, this new change of putting the child in childcare is not considered a substantial change to bring the issue to court? The mother is only saying no to be a pain in the butt. She likes to feel she has control over everything, and that the father has absolutely no say whatsoever. I don't understand how that could be classifies as "joint custody". Any advice on how or what my bf could possibly do to get more visitation time...(because under no circumstance does the mother want to cooperate and give any "extra" time that is not "his visitation time").

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              • #8
                Originally posted by 4thefather View Post
                I did forget to add that he does have joint custody of his son. I am not sure what specific rights that entitles him too.
                Joint Custody SHOULD mean equal rights and times to the child. Unless a visitation schedule is pointed out in the order, Joint Custody should allow him to pick up the child at any time.

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                • #9
                  Originally posted by 4thefather View Post
                  It is hard to understand how the child could be at daycare when he could be spending time with his father. So, this new change of putting the child in childcare is not considered a substantial change to bring the issue to court? The mother is only saying no to be a pain in the butt. She likes to feel she has control over everything, and that the father has absolutely no say whatsoever. I don't understand how that could be classifies as "joint custody". Any advice on how or what my bf could possibly do to get more visitation time...(because under no circumstance does the mother want to cooperate and give any "extra" time that is not "his visitation time").
                  what does the current court order state in regards to dad's time with the child- when does it start?
                  http://www.gestaltmediation.com/

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                  • #10
                    Originally posted by Zephyr View Post
                    what does the current court order state in regards to dad's time with the child- when does it start?

                    It starts at 6pm on friday and goes to 6pm on sunday (every other weekend)

                    He then gets him on the following Sunday and Tuesday from 6pm-9pm

                    Do you know if they offer mediation in Florida? And if so, do we have a legitimate reason to request it? The order was only set in place three months ago, so is there a time frame on how long you can petition the court again in Florida? Thank you for your help.

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                    • #11
                      I'm also dealing with a "pain in the butt mother". My advice, go back to court and try. Worst thing that could happen is the judge says no. The child should spend as much time with the parents as possible...not in daycare. Good luck!

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                      • #12
                        Originally posted by stepmom7 View Post
                        I'm also dealing with a "pain in the butt mother". My advice, go back to court and try. Worst thing that could happen is the judge says no. The child should spend as much time with the parents as possible...not in daycare. Good luck!

                        Thank you!! I strongly believe the child should have child interaction, but more strongly that he should have more father interaction if the opportunity is there!

                        Thank you again for your optimism!!

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                        • #13
                          the judge is unlikely to hear the motion on this one issue alone so recently after the order has been signed- but stranger things have happened
                          http://www.gestaltmediation.com/

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                          • #14
                            I have to agree with Zephyr on this. The child being in daycare is probably not going to be enough to change the order, especially as the order is only 3 months old.

                            Unless it is spelled out that he has joint physical custody, (and as it is clearly stated the times that visitation is to occur, I doubt that he does) joint custody does not necessarily grant him the same rights as far as physical possession as the mother. Joint custody in this type of situation means that he has equal say in major decisions involving the child, such as health care, education, etc. A child being in daycare is such a common occurence, it is probably closer to the norm than a child NOT in daycare. For example, I am a stay at home mother, but my 4 year old and 2 year old are both enrolled in all day mother's day out and preschool 2X week. I need the break and they need the social interaction with other children. This is not the same thing as if she is going out of town for a few days and leaving the child with someone other than the father.
                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

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                            • #15
                              Originally posted by mommyof4 View Post
                              I have to agree with Zephyr on this. The child being in daycare is probably not going to be enough to change the order, especially as the order is only 3 months old.

                              Unless it is spelled out that he has joint physical custody, (and as it is clearly stated the times that visitation is to occur, I doubt that he does) joint custody does not necessarily grant him the same rights as far as physical possession as the mother. Joint custody in this type of situation means that he has equal say in major decisions involving the child, such as health care, education, etc. A child being in daycare is such a common occurence, it is probably closer to the norm than a child NOT in daycare. For example, I am a stay at home mother, but my 4 year old and 2 year old are both enrolled in all day mother's day out and preschool 2X week. I need the break and they need the social interaction with other children. This is not the same thing as if she is going out of town for a few days and leaving the child with someone other than the father.

                              It just seems that she does this purposely to try and keep my bf from having any extra time with their son. And she has in fact left out of town for a weekend and instead of calling my bf, she just left the child with her mother and father. There are many, many times where she leaves the child with the grandparents, because she feels they have more right to see the child than his own father. In fact, when the child comes to stay with us, he occassionally calls out for his grandparents names and never his own mother! It certainly makes you wonder what is going on. It does not seem fair that the grandparents, childcare, or any other third party should ever get granted visitation over the child's father. Which is where I am sure a right of first refusal should be in effect, but do not know how or when the right time is to petition for one! Very frustrating having an uncooperative CP!

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