Court order to pick son up early???

[4thefather]

Okay, basically here's the background of my question. My bf (NCP of his son) wants to take his son to disney world for his birthday. He is turning three at the end of the month Well the day that he wants to take him falls on a friday a couple of weeks from now. He wants to take him for Mickey's Merry X-mas which is a special event that isn't offered that Sat night so it has to be that friday. This is my bf's scheduled visitation weekend with him. Technically, his visitation time begins that Friday at 6:00 p.m. However, he asked mom (CP witch) if he could pick him up early from daycare that day so we could get on the road to orlando. She denied this giving a bunch of excuses on why he just CANT miss DAYCARE that day. It's a bunch of bologna, but what can he do right? Well that's my question. Considering it's only two weeks away, is there some type of court hearing he could ask for to get permission from the court to pick him up early from daycare that day? Or am I hopeless in Florida?

[demartian]

What time does the child get home from daycare to be with the mother? Does the father ever pick the child up from daycare?

If the child is not WITH mom and with a daycare provider instead, she would have a really difficult time convincing anyone she was being anything but mean about this situation. Unfortunately, your bf wouldn't have the time needed to address picking up the child early from daycare with the courts, so he will have to work it out with the mom.

Remind her that if they went to court and he asked to have the child instead of him being in day care, that would be granted in a heartbeat.

[4thefather]

He doesn't get a chance to pick him up from daycare because mom will never let him. She claims he's not on the 'pick up/drop off list' and that he cant. He told her to put him on it at least for an emergency situation and she said she would not do that. She's just plain evil. But he's supposed to get out of daycare at 3:30. He asked if he could pick him up after he gets out of daycare and of course mom is evil and says he has to wait until 'his' visiation time at 6:00. I really dont understand how some people can be so nasty. I really hope there is such a thing as karma.

[mom26]

So have in file an emergency hearing, that mom takes child to day care when on certain days he could be with dad, or ect that dad gets out of work early and wants to pick him up.. Garentee a judge will probly say OK..

[MomofBoys]

I wouldn't guarantee that....

I mean, if Mom normally picks the child up at 3:30, and Dad's visitation starts at 6:00 but he wants to come at Noon, then Mom is giving the child up during her time, albeit just 2 1/2 hours, but its' still her time.

The OP doesn't seem to be saying that Dad can regularly pick the child up and Mom refuses. She's saying that Mom won't give up her Friday afternnon with the child just this one time. I don't know that a court would ORDER her to give up her time.

If Dad is not on the list to pick the child up, then he won't be able to until it's changed. THAT is something to fight to change. Does Mom have sole legal custody?

[ShakinThingzUp]

I know that states have different laws....... but your bf may want to check into the statement by mom that he can't pick him up.

I am NOT advocating doing this without mom's permission - I'm just saying he may want to discuss this with someone and then with Mom.....

I was told here in NC, that a bio-parent with joint custody (assuming he has this) can pick up their child at school regardless..... he's dad. There's nothing mom can do about it. She has to have a COURT ORDER saying he can't pick him up or have SOLE custody.

In my case, we have joint legal custody, I am primary. My ex could pick up my son anytime if he wanted to, and I couldn't stop him - now I could go after him for violating the visitation schedule, etc...

I'm just saying that him not being on the "pick-up/drop-off" list may be a line of bull crap if he has joint custody.

God Bless!
Amy

[mommyof4]

I'm just saying that him not being on the "pick-up/drop-off" list may be a line of bull crap if he has joint custody.

Legally, what you state is accurate. However, for liability purposes, a day care is usually not going to allow anyone, who is not on the list, to remove the child from the property. They would rather err on the side of caution.

If he is NOT on the pickup list, then that needs to be changed immediately and Mom, if need be, can be slapped down in court for omitting his name from the child care list.