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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87528
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, my exhusbad found a job after a few months, he is without a car and makes excuses w

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Hello, my exhusbad found a job after a few months, he is without a car and makes excuses why he cant pick up children after the work while they are in after school program. He does not want to leave early like 30 minutes to catch the bus to pick them up by 5.45pm. His visitations starts at 4 pm on Wednesday evenings and every other Friday. He works only 20 minutes away if he takes a bus. He wants me to pick kids up and wait for him in front of his place while he takes connecting bus, yesterday he missed second connection and would be home at 7pm. I picked kiddos at 5.15 and waited in front of his place till 6.30 and then left because kids were hungry and impatient. Am I in trouble if he does not make a valid effort to pick kids up on his visitation day and expects me to do it. We have bad relationships, he calls me names and forces me to to pick them up and bring them over to him. Same goes for morning he needs to leave at 7 to catch the bus and wants me to pick them up also.
Submitted: 1 year ago via ExpertLaw.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Am I in trouble if he does not make a valid effort to pick kids up on his visitation day and expects me to do it.

No. The parents are expected to follow what the court orders state per the transfer of custody. That means that if he is supposed to pick them up, then he is supposed to pick them up. If he does not, it is assumed that he has passed on visitation this time. If he has a schedule conflict, the onus is on him to deal with it. If he has to file in Court to modify the agreement to amend the time of transfer, then he has to do it.

If you and he had an informal arrangement that you would help him with the transfer and he STILL was late, then provided you waited a reasonable time (which you did, arguably), and he still did not show, then again, it is his own issue.

You do not have to even help him, but may simply maintain that he has to follow the orders per the letter, meaning that he has to pick up the children in the first place.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87528
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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