Camillus, NY asked in Child Custody and Family Law for New York

Q: Child out of school at 238. C.O. says 3-730. Custodial says have to wait til off bus @4 instead of P.U. from school??

Is this legal? Have been picking him up from school for 6 years. School gets out earlier for middle school now. Is he allowed to make us wait until he gets off the bus @4 just because we would be picking him up 20 min before court order 3-730?

Custodial said if we pick him up from school, he will pick child up at 630pm, an hour early.

How do we get this to work without going to court to change wording to "after school to 730" instead of just 3-730?

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1 Lawyer Answer
Nina Mironenko
Nina Mironenko
Answered
  • Divorce Lawyer
  • Huntington, NY
  • Licensed in New York

A: If the custodial parent refuses to be reasonable, document that parent's refusal for your reasonable request. You may then have to go into Family Court for a modification of parenting time. As your child is now older, best wording is for your parenting time is "to commence at school dismissal, or the child's after school activities, with pick up being at the school, or activity. Also, ask for a later time to drop off your child, or pick up by the custodial parent.

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