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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience:  9+ years of experience in divorce, custody battles and mediation.
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If I don't feel my children are safe dropping them off with

Customer Question

If I don't feel my children are safe dropping them off with their grandma because it's more convenient for their dad if I drop them with her, can I refuse to leave them with her without it being considered violating our parenting agreement?
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
It depends on what your agreement says. If your agreement doesn't say anything about allowing a qualified adult or something similar to pick up the children (or be present at their drop off) then I think you're safe in saying that you will only give the children over to their dad, not the grandmother.
He could in theory take you to court to ask that you be able to drop them off at the grandmother's house, but if you have evidence as to why it's unsafe (ie her senility or instability), or that he's never actually exercising his visitation with the children, that would be in your favor.
Customer: replied 2 years ago.

So if I have texts saying I am there and asking where he is and his reply says he is waiting for me to leave before getting them, would I have the right to not leave them but take them home? Or should I have a police officer there to verify what happens?

Expert:  originallawyer replied 2 years ago.
That's tricky. If he literally is waiting for you to leave and then he's picking them up, that's one thing. If he's just using that as a story and he's not picking them up, that's another. If he's using his mother as a drop off place and he actually is coming shortly after you drop off the children, a Judge is probably not going to have a problem with that, and will expect you to drop off the children as planned. If he's just telling you that so you'll leave and the grandmother is the primary caretaker during his visitation, the Judge will probably have an issue with that.
A lot of this is going to depend on why you think grandmother isn't safe.
It might be worth potentially switching to a neutral location, like a police station, for pick up and drop off if he's just simply not wanting to interact with you.
Customer: replied 2 years ago.

We had set to meet at a local McDonald's but he asked to change it do to convenience for him. His mother was in and out of the hospital every month or so the whole time we were together and her live in boyfriend is a known sex offender but I am not sure of what sex crime. I just need a general yes or no in your opinion as I am supposed to drop them off again tomorrow morning.

Expert:  originallawyer replied 2 years ago.
If your order doesn't specify where you are supposed to do the drop off and pick up, and it doesn't make allowances for an adult other than a parent to do the pick up or drop off, you could insist on a different location without being in violation of the order. Just make sure you give him a different option of where to pick up the children so that he can't claim you're withholding visitation.

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