What to do if my work schedule has changed and I can’t pick up my kids at the current court appointed time?
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What to do if my work schedule has changed and I can’t pick up my kids at the current court appointed time?
My visitation is Thursday from dismissal of school until return to school Monday. I have asked to pick them up on Friday evening until a modified order is in place. She has refused and says that if I can’t pick them up on Thursday I have to forfeit my entire weekend. Is this true? My mediation date is not until March and I won’t be able to see my kids until then. Can she do this?
Asked on January 15, 2013 under Family Law, Illinois
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Most court orders set out standardized visitations that guarantee the non-possessory conservator set times of visitations... but they also include language to the effect-- "at any other time mutually agreed upon". She could agree to work with you and just let you pick the kids up later-- but she is not required to do so. If you are not there at the time designated in the order, then she does not have to wait around for you to arrive.
However, you are not completely without options. Most custody orders do not prohibit the non-possessory parent from designating someone else to pick-up the children. The easiest fix would be for you to either arrange or pay for someone competent to pick the children up and care for them until you can get off work. It can be a relative or a good friend. There may be some inexpensive "nanny services" or baby-sitting services in your area as well. If this is simply not an option, ask the court to either change the date of the mediation or to impose some temporary orders during the pendency of the mediation so that you can still have access to your children. This route is a little harder, but it's still a possibility depending on the willingness of your judge.
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