Who is responsible for picking a child up from school if their father is scheduled for visitation but has to work?

UPDATED: Aug 17, 2012

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Who is responsible for picking a child up from school if their father is scheduled for visitation but has to work?

If the court ordered paperwork states that the “father is to pick up the child from daycare on Tuesday and Wednesday”, does that transfer over to an elementary school as the child gets older? Daycare provided care until 6 but the elementary school releases students at 3. The mother has been picking child up from school to accommodate the father’s work schedule. Is mother obligated to pick child up if father has to work? Additional info: Joint legal custody, mother has physical custody. Father is ordered to pay child support to mother.

Asked on August 17, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

Normally the receiving party is the person responsible for transportation.  If your judgment only covers daycare and not elementary school, then that portion doesn't really apply any more.  You have joint legal custody and you (the mother) has sole physical custody, but the father has visitation rights--which he is not exercising?  Or is exercising them, but does not bother to pick up the kids until later?

It sounds like you two need to come to a new agreement.  If you can't come to a new satisfactory agreement privately, then you should file an OSC to modify the visitation arrangement.  It sounds like his visitation times would me modified to reflect the children's new schedule and he would be given less or different time. 

I am in Camarillo, CA and if you are in the Ventura County or Los Angeles County Area feel free to contact me.


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