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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27196
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex-husband's new wife has been picking the kids up weekly

Customer Question

My ex-husband's new wife has been picking the kids up for their weekly visitation without him present. She causes a great deal of drama each time. Do I need to legally allow her to pick up my children?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Does the order state that the child can only be released to him or that he needs to specifically pick them up? Just curious to see if there is any limiting language in it? Also, what is she actually doing?

Customer: replied 1 year ago.
This is in Massachusetts. I don't believe there is specific language stating that it must be him to pick the children up but most bullet points begin with "The husband". There was no additional party at the time of the divorce so it wasn't written in. When she picks the children up, I need to have a second person here watching because she tells him I'm harassing her. I have witnesses to refute her claims but she is intent on causing trouble and has turned a very amicable divorce into a horrible one. My ex is no longer allowed to speak to me regarding the children. It has caused an utter and complete breakdown on the parenting process.
Expert:  FamilyAnswer replied 1 year ago.

I am sorry to hear about what is happening. If the order references him and only him, then he would be required to pick them up. You can object to the her picking them up BUT there is the issue with him not being able to speak with you about the children, so it could make the situation difficult when he comes to get them. Now, you can contact him and advise him of her conduct and ask that either he get them from now on or he speak with her about her allegations and keep this peaceful and just have her pick up the children and leave. If you wanted to, you could always go back to court and modify the order, specifically having him get the children, since she does cause problems and I am inclined to believe, that doing this would cause an inconvenience for him, so he may speak with her about her actions. He could always come back and say you are withholding his visitation and interfering with his time with the children but if he does, you can simply tell him the children are here and waiting for HIM and HE needs to get them

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