Legal What Can I Do

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  • familyschoolcare
    Advanced Daycare.com Member
    • Jun 2011
    • 1284

    Legal What Can I Do

    I have a DCB from a divorced family. According to mom there is court paper work that says that Dad’s girl friend is not allowed to pick the DCB up if Dad is out of town (Yes, Dad does go out of town often for work. No, I have not yet seen the paper work) Mom is going to bring the paperwork by for me to see (Yes, I will make a copy to keep on file). Mom thinks that Dad and his girlfriend are trying to pull a fast one (mom’s words), and pick the DCB up tomorrow Monday February 27th 2012 (Normally a Dad day) even though dad is still out of town. What I need to know is if the court order does say that the girlfriend cannot pick up when Dad is out of town, and she is on Dad’s list of authorized person to pick up and she picks up on regular bases when dad is in town. Can I deny the girlfriend DCB if dad is out of town and how would I know that Dad is out of town esp. if mom says Dad is out of town and Dad and/or his girl friend says Dad is not out of town.
    Last edited by Michael; 02-26-2012, 07:43 PM.
  • cheerfuldom
    Advanced Daycare.com Member
    • Dec 2010
    • 7413

    #2
    Assuming the paperwork clearly states that the girlfriend is not allowed to pickup from daycare....the dad needs to provide a different emergency contact or authorized pickup person and you need to make sure that whether he is or is not in town, his child will never be able to leave your house with his girlfriend, period. You need to go over the paperwork and follow that, regardless of what the parents individually say.

    Comment

    • Meeko
      Advanced Daycare.com Member
      • Mar 2011
      • 4349

      #3
      As of right now....you do not have a copy of any court order and Dad has said that girlfriend has permission to pick up on the paperwork you DO have. Go with that.

      I tell parents that I MUST have a copy of any court orders IN MY POSSESSION or I cannot deny a biological parent or their designated pick up people.

      Tell Mom that your hands are tied until you have a COPY of the court order in your possession.. SEEING it is not enough.

      I have had situations where a parent will tell me "Don't give DCK to Mom/Dad" etc......I tell them all the same thing.......without a court order, they get the child. I cannot legally deny a parent unless I have paperwork to back it up. KNOWING about it doesn't count. So the parents MUST get me any paperwork ASAP.

      If the Mom is that worried, she needs to get you a copy tonight or very early tomorrow. THEN, you can deny giving the DCK to the girlfriend.

      As to whether the dad is or isn't in town....that's something the parents will have to figure out. It cannot be up to you to make that judgement call. You don't want an angry parents after you. Put ALL the responsibility in their laps.

      Comment

      • familyschoolcare
        Advanced Daycare.com Member
        • Jun 2011
        • 1284

        #4
        Originally posted by Meeko
        As of right now....you do not have a copy of any court order and Dad has said that girlfriend has permission to pick up on the paperwork you DO have. Go with that.

        I tell parents that I MUST have a copy of any court orders IN MY POSSESSION or I cannot deny a biological parent or their designated pick up people.

        Tell Mom that your hands are tied until you have a COPY of the court order in your possession.. SEEING it is not enough.

        I have had situations where a parent will tell me "Don't give DCK to Mom/Dad" etc......I tell them all the same thing.......without a court order, they get the child. I cannot legally deny a parent unless I have paperwork to back it up. KNOWING about it doesn't count. So the parents MUST get me any paperwork ASAP.

        If the Mom is that worried, she needs to get you a copy tonight or very early tomorrow. THEN, you can deny giving the DCK to the girlfriend.

        As to whether the dad is or isn't in town....that's something the parents will have to figure out. It cannot be up to you to make that judgement call. You don't want an angry parents after you. Put ALL the responsibility in their laps.
        I am getting a copy of the paper work tommow

        What I do not know is if it say girl friend can not pick up if dad is out of town then what?

        If it says she can not pick up that is easy I will not let DCB go with her ever. However, if it does say when dad is out of town I am not sure what to do.

        I am checking in to this before seeing the paper work because I will get the papers about 1 hour before the girlfriend would normaly pick up.

        Comment

        • Hunni Bee
          False Sense Of Authority
          • Feb 2011
          • 2397

          #5
          Originally posted by familyschoolcare
          I have a DCB from a divorced family. According to mom there is court paper work that says that Dad’s girl friend is not allowed to pick the DCB up if Dad is out of town (Yes, Dad does go out of town often for work. No, I have not yet seen the paper work) Mom is going to bring the paperwork by for me to see (Yes, I will make a copy to keep on file). Mom thinks that Dad and his girlfriend are trying to pull a fast one (mom’s words), and pick the DCB up tomorrow Monday February 27th 2012 (Normally a Dad day) even though dad is still out of town. What I need to know is if the court order does say that the girlfriend cannot pick up when Dad is out of town, and she is on Dad’s list of authorized person to pick up and she picks up on regular bases when dad is in town. Can I deny the girlfriend DCB if dad is out of town and how would I know that Dad is out of town esp. if mom says Dad is out of town and Dad and/or his girl friend says Dad is not out of town.
          I dont know what the regs are in your state, but here the mom cannot bar the girlfriend from picking the child up when dad is out of town, if the court order does not say so and she's on the pickup list.

          If the court order does stipulate that the girlfriend may not pick up dcb if the dad is out of town, and you can't tell if Dad is out of town tomorrow or not, I would require that the dad come in and give you those dates before pickup time tomorrow. If he can't (because he probably is out of town) then I would require that mom pick up until he can.

          If there's a custody case going on and we are unsure, we are allowed to err on the side of the caution (and the court order).

          Comment

          • familyschoolcare
            Advanced Daycare.com Member
            • Jun 2011
            • 1284

            #6
            Originally posted by Hunni Bee
            I dont know what the regs are in your state, but here the mom cannot bar the girlfriend from picking the child up when dad is out of town, if the court order does not say so and she's on the pickup list.

            If the court order does stipulate that the girlfriend may not pick up dcb if the dad is out of town, and you can't tell if Dad is out of town tomorrow or not, I would require that the dad come in and give you those dates before pickup time tomorrow. If he can't (because he probably is out of town) then I would require that mom pick up until he can.

            If there's a custody case going on and we are unsure, we are allowed to err on the side of the caution (and the court order).
            Thank you that does help.

            Comment

            • Meyou
              Advanced Daycare.com Member
              • Feb 2011
              • 2734

              #7
              Originally posted by Hunni Bee
              I dont know what the regs are in your state, but here the mom cannot bar the girlfriend from picking the child up when dad is out of town, if the court order does not say so and she's on the pickup list.

              If the court order does stipulate that the girlfriend may not pick up dcb if the dad is out of town, and you can't tell if Dad is out of town tomorrow or not, I would require that the dad come in and give you those dates before pickup time tomorrow. If he can't (because he probably is out of town) then I would require that mom pick up until he can.

              If there's a custody case going on and we are unsure, we are allowed to err on the side of the caution (and the court order).
              I agree and in the future Dad will have to provide his schedule or the same rules will apply. Don't take anyone's word for anything. Good luck.

              Comment

              • Cat Herder
                Advanced Daycare.com Member
                • Dec 2010
                • 13744

                #8
                Why not make the contract with JUST the parent with primary physical custody.

                Put all pick-ups/drop-offs back on Mom. This is way too much adult care and drama.

                If Dad is to pick up....Mom should come get her child and make the swap off premises.

                You should not be involved in any way if they are not mature enough to handle their own BS.

                I call it the "Stupid Stipulation".

                I could care less about their convenience, they created this situation... not you. Let the drama fall back on them....maybe then they will have to start to grow up before the REAL parenting challenges start.

                If this drama continued, I'd put in a call to CPS. These situations spiral out of control fast if not stamped out by ADULTS. Sadly, it sounds like you may be the only actual adult in this situation.
                - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                Comment

                • familyschoolcare
                  Advanced Daycare.com Member
                  • Jun 2011
                  • 1284

                  #9
                  Originally posted by Cat Herder
                  Why not make the contract with JUST the parent with primary physical custody.

                  Put all pick-ups/drop-offs back on Mom. This is way too much adult care and drama.

                  If Dad is to pick up....Mom should come get her child and make the swap off premises.

                  You should not be involved in any way if they are not mature enough to handle their own BS.

                  I call it the "Stupid Stipulation".

                  I could care less about their convenience, they created this situation... not you. Let the drama fall back on them....maybe then they will have to start to grow up before the REAL parenting challenges start.

                  If this drama continued, I'd put in a call to CPS. These situations spiral out of control fast if not stamped out by ADULTS. Sadly, it sounds like you may be the only actual adult in this situation.
                  Yes, way to much adult drama. I thought I had it under control with this family. Not sure how to make under control with this family. I do not know

                  who has primary custody the child came to me via Dad. I have not seen any court papers. Dad does not know that mom told me that court papers say

                  his girlfriend cannot pick up. He does know that his girlfriend told me that Dad has to supply daycare on his days when he is out of town. According to

                  Dad’s girlfriend, Dad never knows when he is going out of town. Dad days are Monday, Tuesday, and every other Friday, Mom can not pick up herself on

                  time on Mondays she has a class. When Dad is out of town she has her boyfriend pick up or she arranges with me to pick up 30 min late for a overtime fee.

                  Comment

                  • familyschoolcare
                    Advanced Daycare.com Member
                    • Jun 2011
                    • 1284

                    #10
                    DCM text me last night. Hi again Mrs. ****** It’s DCM, DCB’s mom. Just wanted to let you know that dad finally emailed me saying that I do not have

                    to pick DCB up tomorrow. He never confirmed that his is actually back in tow but I will just have to trust that he is. Thanks! Have a great evening!




                    I think I will tell Dad that I need to hear from him his schedule. If asked why I will say because I need to plan accordingly. When DCM picks up it is a different time than DCD.

                    Comment

                    • Springdaze
                      Daycare.com Member
                      • Jun 2011
                      • 533

                      #11
                      If you didnt get the court order, it doesnt matter, but I would save the text.



                      And what about if there is a court order and mom gives permission for the GF to pick up once? General question, but what a mess!

                      Comment

                      • MrsB
                        Daycare.com Member
                        • Jan 2012
                        • 589

                        #12
                        Upon enrollment I require a copy of a custoday agreement if there is one otherwise they dont start. I have had a parent tell me no, that it was an invasion of privacy. I said okay then I have to conclude that there is 50/50 and DCD can pick up whenever or have whomever pick up. She said okay and gave me copy.Too many drama issues, otherwise.

                        It is sooo sad.

                        Comment

                        • familyschoolcare
                          Advanced Daycare.com Member
                          • Jun 2011
                          • 1284

                          #13
                          Originally posted by MrsB
                          Upon enrollment I require a copy of a custoday agreement if there is one otherwise they dont start. I have had a parent tell me no, that it was an invasion of privacy. I said okay then I have to conclude that there is 50/50 and DCD can pick up whenever or have whomever pick up. She said okay and gave me copy.Too many drama issues, otherwise.

                          It is sooo sad.
                          I think I will tell DCM this and let her know that I will not know what I can and can not do, (because she wanted to know if I could prevent DCB from going with girlfriend) Untill the court order has been in my possession for atleast 24 hours.

                          Comment

                          • JenNJ
                            Advanced Daycare.com Member
                            • Jun 2010
                            • 1212

                            #14
                            Copy of the court orders AND you want to speak with any attorney's they have to confirm and clarify the paperwork. If they don't allow this, term IMMEDIATELY. Also, call your state to verify your state's orders on situations like this.

                            Comment

                            • familyschoolcare
                              Advanced Daycare.com Member
                              • Jun 2011
                              • 1284

                              #15
                              Originally posted by JenNJ
                              Copy of the court orders AND you want to speak with any attorney's they have to confirm and clarify the paperwork. If they don't allow this, term IMMEDIATELY. Also, call your state to verify your state's orders on situations like this.
                              I like the talk to people to clarify, that is how I will put it on someone else how a can tell if Dad is out of town or not.

                              Comment

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