I Need Help On A Special Contract (Divorced Parents)

[Darla]

This is kinda sticky, I have parents that are divorced but mom enrolled the children a year ago and has custody. So the contract i have is WITH mom and only signed by mom. Dad can be know to tell lies and he is not one of my favorite people, but I LOVE these children and I can handle this. Dad wants to start sending a lady friend to pick up because he claims he has no one else and lets say this...Not a good idea. So i offered to help for the safety of these children.

Dad picks up every other Friday, but his job makes him work till 7/7:30pm on Fridays. So I have offered to watch the 2 children till 8pm on ever other Friday.

Here is a couple of things I HAVE to put into a contract:

1. ONLY DAD is allowed to pick up. (If dad calls or sends someone else the children WILL NOT be allowed to go and I will call Mom to come pick up and Dad will be responsible for late fees till mom arrives and signs them out.)

2. Fees are $25.00 every other week (paid in advance 2 week ahead). Fees are paid rather the children are here or not. If a holiday falls Friday he still pays.

3. If children are not picked up by 8:00pm a late fee of $1.00 PER Child will be charged, paid at time of pick up.

4. Dad must follow handbook rules.

5. Dad agrees to keep all personal drama out of Mrs.***X home.

Can someone help me word this somewhat FIRM, but proffesional. And if you can think of anything i might add to this ...PLEASE PLEASE I want all the Help I can get!!

[Heidi]

I say that after 5 pm (or whatever mom's contracted hours are), you have a seperate contract with Dad for his hours. Kind of what you are doing.

I assume Mom doesn't want Dad's friend picking up?

I don't know how you can contract drama...or lack thereof.....good luck with that!

[Darla]

I say that after 5 pm (or whatever mom's contracted hours are), you have a seperate contract with Dad for his hours. Kind of what you are doing.

I assume Mom doesn't want Dad's friend picking up?

I don't know how you can contract drama...or lack thereof.....good luck with that!

His Drama would end his contract..., and NO Mom will not allow her to pick up!

[daycare]

Are you licensed?
If so the only people that an pick up or drop off DCK are those that the contract signer (mom) has listed.

[Cat Herder]

IME, Mom will have to obtain a court order stating that only Dad can pick up. You will need a copy of it in case you end up calling for police assistance.

Parents (BOTH Mom and Dad, regardless of custody) have the right to designate anyone they choose to pick up without a valid court order prohibiting it.

Once the parent puts a person on the pickup list (potential loophole for you), they have to be allowed to pick up.

Custody and interference of such is a tricky and risky deal for providers.

[wdmmom]

I would say that's a great idea, however, what is the children's normal departure time?

I'd tell DCM that she can pick up the children on Fridays and DCD can get them from her.

It is not your job to put yourself in the middle so take yourself out of it as soon as possible.

[nannyde]

I wouldn't have agreed to keep them late. As long as Dad has parental rights he would be allowed to decide who picked them up.

If the Mom has custody why is the Dad picking up? Have you seen custody papers?

If the Mom doesn't want the Dad's pick up person to pick up then I would expect her to pick up on any day the Dad wanted his friend to pick up.

It's really risky getting in the middle of something like this.

[Cat Herder]

I would say that's a great idea, however, what is the children's normal departure time?

I'd tell DCM that she can pick up the children on Fridays and DCD can get them from her.

It is not your job to put yourself in the middle so take yourself out of it as soon as possible.

THAT would be the ideal solution.

[Jenniferdawn]

I've had to deal with a very messy situation myself. I like the idea of him having his own contracted hours if you keep the kids later than mom's contacted hours and you signing a separate contract with him. But really, I don't think you have the legal right to say his lady friend can't pick up the kids if it is his allotted time with the kids and she is on the pick up list unless you have a court order, which won't happen unless she is proved to be abusive or something. If you do decide to try to keep the kids later, do you really think you can get him to pay late fees etc.? I know in my situation, it wouldn't happen, even if it was in a contract. You don't have any way to make him because it's not like you can do the "no stay, no pay". If he doesn't pay, when the child is dropped off again, mom will have custody again, YKWIM?

[Darla]

Thanks ladies...But I was not wanting all negative. I WANT TO KEEP these children. I was the one who offered.



All I WAS ASKING was a little help with a contract.

I think I have it all worked out!!

[familyschoolcare]

IME, Mom will have to obtain a court order stating that only Dad can pick up. You will need a copy of it in case you end up calling for police assistance.

Parents (BOTH Mom and Dad, regardless of custody) have the right to designate anyone they choose to pick up without a valid court order prohibiting it.

Once the parent puts a person on the pickup list (potential loophole for you), they have to be allowed to pick up.

Custody and interference of such is a tricky and risky deal for providers.

That is basically what I was going to say.

Do not know if the law is the same every where but here in Cal. both parents regardless of custody have the right to fill our their own "pick up sheet" the only way a parent does not have this right is if they have no legal right not custody rights. If the parents have shared custody then the only way you can prevent someone that Dad wants to pick up the kids from picking up the kids is to have a court order saying that "miss ***" can not pick the children up or a court order saying which days dad can and can not pick up. I personal would not like to enforce a dad can not pick up on such and such days because then I would have to enforce that mom can not pick up on such and such days, I told my current divorced parents that I will enforce it in both directions the result was both of them deiced not to bring me a copy of the custody agreement.

Any way just make sure you are not doing something that is not legal and therefore could get you in trouble.

[sharlan]

Personally you need to stay out of the parents divorce drama. If you sign a seperate contract with Dad, unless it is court mandated, he can list whoever he wants to pick up. Mom can't say a thing.

Let Mom pickup as normal, let Dad pick the kids up from her. That way, you don't have to worry about drama, backpacks, and the other paranephalia that goes along with transfers.

[daycare]

To the op!
I don't think anyone on here meant to come off negative. I think better yet everyone is concerned for YOU and you getting in the middle of a family's drama. There are several people on here who have had more years of experience than some have been alive.

I know you wanted a contract and I think that you should just have dad fill out his own as He is legally entitled to one. This is of course assuming he has custody.

You sound like such a wonderful person and a lot of these post read that you should lead with caution.

Best of luck to you and the DCK!!

[grandmom]

IME, Mom will have to obtain a court order stating that only Dad can pick up. You will need a copy of it in case you end up calling for police assistance.

Parents (BOTH Mom and Dad, regardless of custody) have the right to designate anyone they choose to pick up without a valid court order prohibiting it.

Once the parent puts a person on the pickup list (potential loophole for you), they have to be allowed to pick up.

Custody and interference of such is a tricky and risky deal for providers.

This exactly.

[sharlan]

I don't think anyone was trying to be negative, I know I wasn't. We were just telling you what issues you might encounter with having seperate contract for Mom and Dad.

As always, it's your business and you have the right to run it however you would like.