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Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I have a parenting agreement that was filed in NYC that

Customer Question

I have a parenting agreement that was filed in NYC that states these words exactly. "In the event that any parenting time takes place during school hours, camp, extracurricular activities, therapy, etc. the parent with the child at the time shall deliver the child to school, camp, extracurricularactivities, therapy etc, and/or pick up the child from school, camp, extracurricular activities, etc." On the following page it says "In the event either parent is unable to be with child during parenting time, the grandparents may watch the child." WATCH the child. Not PICK UP the child. My question is this: He has his mother PICK UP my daughter from school every day. His mother, at one point, had an order of protection against me because her son (my ex-husband) is a super NYPD cop who used the system to get his way and make sure I was behind the 8 ball. He pretty much convinced the court he should have an extra day (him 4 days, me 3) because his schedule allowed him flexibility to pick her up and drop her off everyday. Since signing, he has resumed his regular schedule and is never around to pick her up or drop her off, and she in turn spends her 4 days at her grandparents house who hate me for leaving their son. She is being raised by people who can't stand me and I want to change the order as I am no longer working and having a second child. I want to know if I can bring my parenting agreement to the school and have them enforce that only myself and her dad can pick up our daughter. This is a NYC parenting agreement. We have joint custody, joint decision making, joint everything.
Submitted: 11 months ago.
Category: Legal
Expert:  Olivia Kent replied 11 months ago.

Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. Just so we are on the same page... I am a practicing attorney - in New York. It is with that background that I tell you that I think you will have a very tough time convincing a judge that "pick up" and "watch" are not exactly the same thing.... If, however, you were able to show that the grandparents couldn't drive (and therefore could watch but not pick up the child) you might have an easier time. But otherwise, you've going to run into the "spirit of the statement" argument, implying that everybody meant pick up and watch as opposed to just watch - since it's unreasonable to expect someone to pick up the child and someone else entirely to watch the child. I hoipe that makes sense. Oka, now that I've gotten that out of the way I'll tell you what CAN help you. Arguing that you don't want the grandparents to watch the child because there's a certain amount of "alienation" going on... meaning they're talking about you to your child and that will ultimately negatively impact your relationship with your child. That's the way to proceed if you want to go down this path. I hope that helps. My goal is to give you complete and accurate information (and my experience) - not just what would be nice to hear. Please let me know if you have any questions or you need me to clarify anything. I would be happy to do so. If there is a delay in responding it's because I'm working with another customer or simply not at my computer - but I assure you I will respond as soon as I can.

Customer: replied 11 months ago.
If I am no longer working, could I qualify for legal aid to fight this? Do I have to fight it in family court or supreme court. The order is from supreme court as it was part of our divorce settlement.
Expert:  Olivia Kent replied 11 months ago.

You'd need to go back to the court in which the matter was originally heard. That's the court that retains jurisdiction. You can do this alone (pro se) or with an attorney, but as far as a legal aid attorney - those don't usually apply to family court actions. You'd file a motion seeking to modify the existing custody order for reasons XYZ.