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There's no set rule under Florida law when children are not enrolled in school If it's not addressed in the parenting plan, some judges will say to keep the child on a regular schedule and for convenience sake, follow the same calendar as the local school district. Therefore, if school lets out at 3:00 p.m., for example, that would be the pick-up time. Other judges will say that if a parent can pick up the child early and spend time with them, parental interaction and care is better than daycare (and this is what I see more judges favor). Surely the judge would have no problem with the custodial parent picking up their child earlier, so why would they have a problem with the non-custodial parent doing so?
It seems like perhaps it was an oversight that this wasn't clearly spelled out in the parenting plan initially, and ideally, a court would rather you reach an agreement together. If you cannot do so, however, you can file a supplemental petition to modify the parenting plan and ask the court to change the agreement to reflect the rights of each parent to pick up the child early from daycare.
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