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SONIA1982 · Jun 12, 2009, 04:55 PM

My ex wife has the custody of my child and I have to pick up the baby every Friday. Today I couldn't look for her (I was working) and I told my mother and sister to pick up her but my ex say that she needs a court order to give the baby to them. She knows my family and my baby lived we us for long time . Is she right? Do I always have to pick up my daughter ? Do I need a court order?

N0help4u · Jun 12, 2009, 05:01 PM

I'm assuming that you are saying pick up the baby from her home?
I think she is trying to make a problem for you unless your court orders specifically say YOU have to pick up the baby.

If it is a day care that you are picking her up from then you most likely need to have her sign a release at the day care listing everybody that she allows to pick up the baby.

SONIA1982 · Jun 12, 2009, 05:05 PM

I have to pick up her at the police department as we always do.

Yes, she always looking for problems.

N0help4u · Jun 12, 2009, 05:06 PM

If you are picking up at the police station then Yeah my guess is she is looking for problems.

cdad · Jun 13, 2009, 07:13 AM

Originally Posted by N0help4u

If you are picking up at the police station then Yeah my guess is she is looking for problems.

I disagree. If she is being picked up at the police dept then they too would have to have some authorization from the legal parent showing that the child may be picked up by someone other then the legal parent. It would be the same as a child flying on an airplane from one place to another and at the destination they gave the child to anyone. It doesn't ( or shouldn't ) work that way. You have to list who is picking up the child and ID had to be shown. Otherwise the child can not be turned over.

ScottGem · Jun 13, 2009, 07:25 AM

The first thing is to read your visitation order. It may be very specific about who can pick the child up. In which case, while the mother may be nitpicking, she is within her rights.

Your best bet is to go back to the court that issued the order and ask that the Visitation order be amended to allow your mother and/or sister to pick up the child in case you have to work.

Fr_Chuck · Jun 13, 2009, 11:19 AM

The visitation order is the "bible" for this, if it says YOU, then you have to, and will have to go back to court to get others approved to pick the child up.

N0help4u · Jun 13, 2009, 11:43 AM

Originally Posted by califdadof3

I disagree. If she is being picked up at the police dept then they too would have to have some authorization from the legal parent showing that the child may be picked up by someone other then the legal parent. It would be the same as a child flying on an airplane from one place to another and at the destination they gave the child to anyone. It doesnt ( or shouldnt ) work that way. You have to list who is picking up the child and ID had to be shown. Otherwise the child can not be turned over.

I am not saying they wouldn't need authorization. I guess I should have specified that they would have to do the same as I said for the day care but I am doubting they would have to take it back through court if they can work it out without going through a formal court ordeal.

N0help4u · Jun 14, 2009, 04:44 AM

Basically why I am saying she is just trying to create problems is because when people have to make snap decisions with an unexpected change of events they go with what suits them best.

Like she knows who they are and they can be trusted and she decides she doesn't want to go along with your change of events.
Now if she looked forward to having her weekends kid free so she could do her own thing she wouldn't have thought twice about sending them with your family no matter how she interpreted the court order.

SONIA1982 · Jun 15, 2009, 06:45 AM

I already spoke to the baby attorney and my attorney and they said that she has to give the baby to my sisters and /or mother cause they are not stranger to her.

I was going to the court that issued the order and ask that the Visitation order be amended to allow my mother and/or sister to pick up the baby but they said it's not necessary.

She is being picked up at the police dept because the mother's child is a problematic and aggressive person and I didn't want to pick up the baby at her house.

ScottGem · Jun 15, 2009, 07:32 AM

Originally Posted by SONIA1982

I already spoke to the baby attorney and my attorney and they said that she has to give the baby to my sisters and /or mother cause they are not stranger to her.

By "baby Attorney" I assume you mean a Guradian Ad Liteum (GAL). If so, I would get a letter from the GAL to that affect and give it to the police department to make sure there are no further complications.

Do not use a letter from your attorney, only the GAL. The GAL is supposed to be independent of the parents looking at for the baby's interests.