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If I give written authorization to one of my friend (just once in a while not on regular basis) from Ex because I cannot go then does my ex has an obligation to cooperate ? or can she refuse ? Obviously order does not say anything on this context ?
In most states it is permissible and legal and expected to that at some point either parent will be able to designate a responsible third party to pick up the child at the start of their parenting time.
We see this with both parents. Mom's going batty when dad sends the new wife and dad going nuts when mom sends the new boyfriend.
Im not really sure what you are looking for. If you are looking for a specific law that says you can/have to/must give written permission for someone to pick up your child from your ex wife, I doubt you will find it. The laws generally are not written that way.
You might find something like this in the Tn Domestic Relations Code.
Specify that if the driver license of a parent is currently expired, canceled, suspended or revoked or if the parent does not possess a valid driver license for any other reason, the parent shall make acceptable transportation arrangements as may be necessary to protect and ensure the health, safety and welfare of the child when such child is in the custody of such parent
This could obviously and reasonably be interpreted to mean you could send a cab to pick up your kid if your license were suspended or were otherwise unable to drive yourself.
Do you know how to find your states domestic relations code? Everyone getting a divorce should read it at least once.
What, exactly is her argument? That's you and you alone are the only person that can ever pick up the child from her presence? That neither you nor she is ever able to designate someone to pick up the child?
If she denies you your parenting time, the mechanism for enforcement is letters of objection for her failure to comply, reasonable offer for her to make it right and then contempt enforcement or motion to show cause and drag her rear to court.
And don't buy into her framing the argument as a transportation isue on your part. It's not. It's a denial of parenting time on her part. Be sure to frame it as such loud and clear in your letters.
In the states I've actually checked, it is the normal practice to allow a parent to have a responsible adult pick up the child. It is the burden of the parent in possession, the one who refuses to turn the child over to the responsible adult, to prove that the person doing the pickup is not appropriate.
Put another way, although there may be good examples in both statutes & case law on what reasons might exist for denying pickup, she'd better have a good reason for denying the pickup or she'll get slapped by the judge.
I would force the issue, and document it. The sooner you end this BS, the better.
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My lawyer said I can have some one I trust to pick up and take care the kids while I'm on business trips also if the Ex wants to take care the kids that is fine because no court will punish you for not take care the kids while you are on business trip or some thing you are too busy but not going out for party
dss_pansat wrote:My lawyer said I can have some one I trust to pick up and take care the kids while I'm on business trips also if the Ex wants to take care the kids that is fine because no court will punish you for not take care the kids while you are on business trip or some thing you are too busy but not going out for party
That is true except when a right of first refusal (ROFR) is written into the custody plan.
'To argue with a person who has renounced the use of reason is like administering medicine to the dead.' -Thomas Paine
Thank you for all those who replied. My ex has refused to allow exchange to anyone, but me. I have sent her a written letter that was notarized, but she refused and did not show up at an exchange point that was ordered by Court. According to her she does not have to give child to someone else. Now any thoughts how can I deal with such a woman?
tn_dad1 wrote:Thank you for all those who replied. My ex has refused to allow exchange to anyone, but me. I have sent her a written letter that was notarized, but she refused and did not show up at an exchange point that was ordered by Court. According to her she does not have to give child to someone else. Now any thoughts how can I deal with such a woman?