Pick-up for visitation

[wantjustice]

I live in KY. If the father is supposed to pick up his child at a certain time, but calls the other parent and informs her that someone else will be picking up the child for him at that time due to work...can the other parent deny someone else picking up the child for the father?

[aaron]

Generally not, as long as the person is a responsible adult, and appropriate child restraints (e.g., a baby car seat) are available, or the parties' custody order specifies that only specific persons can pick up a child and the person at issue is not on the list. (And anybody refusing the pick-up should be prepared to justify that decision to a judge.)

[wantjustice]

Well,

I am asking because my husband has to work out of town on sat and won't be back til saturday night and I have to work (she rarely lets me pick the child up anyways) and we are wanting someone else to be able to pick the child up at the court ordered time so he won't lose his day with the child. However the mom has told us she will not let the child go with anybody but him. It's not in papers of who is allowed to pick the child up from the moms house and they have joint custody. What can we do? Just have the person show up to pick the child up and if she denies it, just bring it up to our lawyer?

[aaron]

Sorry if I seemed presumptuous - it is usually a parent who wants to deny access who asks that question.

It sounds like this is a continuing problem, so it is something you should discuss with your lawyer. She won't agree to simply let you pick up the child at a later time - if it isn't the court-ordered time she'll deny parenting time? Is that what's in the court order>

[Cindy Williamson]

We had a similar situation where my husbands ex-wife had visitation every other weekend and she would send her boyfrien of the month to come get our son. We did prove that the boyfriend was unfit by going to the courthouse and finding 7 arrest records for multiple DUI's and domestic abuse. We did go back to court and not only could he not pick up again. We also put strict restrictions on her due to her multiple DUI's. Try to find out if these people have records. Good Luck!