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Picking Up for Visitation

Started by overit, Sep 11, 2006, 04:26:50 AM

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overit

The CO reads, "Non-custodial parent (mother) to provide all transportation to and from visitation with the minor child."

Can my ex-wife send ANY adult she wants to pick my son up from me, or is she supposed to pick him up personally?  Do I have to let my son go with anyone she sends to get him?

We're in Florida.

socrateaser

>The CO reads, "Non-custodial parent (mother) to provide all
>transportation to and from visitation with the minor child."
>
>Can my ex-wife send ANY adult she wants to pick my son up from
>me, or is she supposed to pick him up personally?  Do I have
>to let my son go with anyone she sends to get him?
>
>We're in Florida.

How does the court order read with respect to custody? Is the non-custodial parent awarded joint legal and/or joint physical custody? Please post the text.

overit

The CO reads, "Shared Parental Responsibility. Father and Mother shall have shared parental responsibility and shall retain full parental rights and responsibilities with respect to the child."

So, yes, she is awarded joint legal and joint physical custody, although I am the primary residential parent.

socrateaser

>The CO reads, "Shared Parental Responsibility. Father and
>Mother shall have shared parental responsibility and shall
>retain full parental rights and responsibilities with respect
>to the child."
>
>So, yes, she is awarded joint legal and joint physical
>custody, although I am the primary residential parent.

Your order is ambigous, because it dpes not use the word "custody," it uses the phrase "retain full parental rights and responsibilities," which suggests joint custody, and it uses "visitation" as if there is not joint custody.

Visitation is a non-delegable license to spend time with the child, so a parent with only this license cannot appoint someone else to transfer the child. Conversely, a parent with joint custody can delegate authority to a third party.

Your order is unclear, although I'm leaning towards "custody," not visitation, which is how you are interpreting the order, as well. So, it's highly likely that the court would rule that the NCP has the authority to appoint a third party to pick up/drop off the child.

If yoiu want to be certain, then you'll need to ask the court to expressly rule on the matter (clarification order).