I have 50/50 custody with final decison making and 50/50 parenting time. My son's mother stopped working and wont let my wife (the stepparent) pick up my child on my parenting time because I'm at work and our court papers state any time greater than three hours the other parent has to be asked. Is this legal or can my wife be as the acting parent since I'm at work?
Country relating to Question: United States
State (if USA): Arizona
Talking to the mother and she is very jealous of my wife. My son calls her mom also and she tries to do anything to make it miserable.
Hello and thank you for asking your question. My name is XXXXX XXX I will be assisting you. Is there any specific language in the Parenting Plan requiring the parent to pick up the child? This really shouldn't be an issue and there generally wouldn't be any legal basis for your ex to impose this unreasonable requirement on you. However, if she continues to make it an issue, you may eventually have to modify the parenting plan to make it clear that your wife can pick up your child. This shouldn't be an issue for the judge to grant.
The other issue is whether your work schedule is affecting your ability to meet your parenting requirements. If your work schedule has changed since the parenting plan was instituted and you are now working more hours during the time of your scheduled visitation, she may be able to argue that fact and it might make sense to also modify the plan to incorporate your new work schedule. On the other hand, if your work schedule has always been the same, then it is hard for her to argue the three-hour rule as it relates to your work, since this has always been the course of action between you and her - i.e., that your son spends some time at your home while you are at work.
I hope this information is helpful but please feel free to post follow up questions or comments if I can assist you further.
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