I have court ordered custody agreement. I have the primary physical custody and my ex-wife is the secondary. I have the kids from Friday 9:00 pm till Wednesday morning. My ex has kids from Wednesday afternoon, pick up kids from school, till Friday 9:00 pm.
To my understanding, that means my ex-wife must pick up kids from school on Wednesday and keep kids till Friday 9:00 pm. She is responsible for picking up and caring for kids during those times. And I'm responsible for kids during my time. If she cannot pick up or care for kids during her visitations, then it is her responsibility to find a daycare or someone to have care and pick up kids during her times according to the custody agreement.
If she cannot pick up kids, then she must give me a first option to refuse. If I refuse to pick up and care for kids during her visitation then she must find someone else to pick up kids and care for them during her visitation days according to the custody agreement.
Even though her visitation is from Wednesday after school till Friday 9:00 p.m. every week, she picks up kids on Thursday and drop them off on Friday 9:00 pm or pick up kids on Friday after school and drop them off 5 hours later. She is picking whatever time she wants to pick up kids and whatever time she wants to drop them off. She is only using partially days of her visitation and not taking responsibility for all her visitations days.
Because of that, I and my kids have to be ready and be waiting for her to show up whenever. I just cannot put my life on hold for her anymore. Since she said she could not pick up kids or make other arrangements to pick up and care for kids on Wednesday of her visitation, I did not let her see kids that week because she forfeited her visitation when she didn’t pick up kids. Now she is threatening
to call police if I do not let her pick up kids out of sequence whenever she wants to. Did I do something wrong for holding kids when she failed to pick up kids on her day of visitation, Wednesday and/or Thursday?
Following are pertaining paragraphs from the custody agreement:
- Both parents agree children will spend time with Mother
every Wednesday and Thursday overnight from pick up from school Wednesday until drop off at Father’s residence at 9:00 pm Friday.
- Changes/Cancellations: Parents agree to notify each other at least 24 hours prior to a proposed change in the regular schedule and at least 36 hours prior to a proposed change in the holiday/summer schedule.
- The parents understand that they may make changes to the schedule as well as arrange for additional time provided the changes are by mutual consent. In the event that they do not both agree to any changes this schedule will remain in place.
- The parents agree that if they are not able to care for children overnight during their designated time, they will offer the other parent the right of the first refusal. If the other parent is not able to assume this care, it is the designated parent’s responsibility to provide alternate suitable care. The parents agree if the requesting party does not receive a response or a definitive answer within 48 hours of the request, they may choose an alternate caregiver.