Is my ex allowed to take my daughter if it is my scheduled time, even if I can’t be there?

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Is my ex allowed to take my daughter if it is my scheduled time, even if I can’t be there?

She is stating that it is legal for her to come take my daughter if I am not there during her entire visit. I have reviewed my agreement papers and can’t find anywhere that states that I have to be there at all times. I have to work during some of my visit times, and she states that she needs to be with her, instead of my family during my visit times. She is also stating that she doesn’t have to let anyone but me pick her up even if they are designated by me to pick her up (ie : my common law wife or my mom). Is this correct?

Asked on October 12, 2012 under Family Law, Colorado

Answers:

David Axinn / David M Axinn

Answered 9 years ago | Contributor

This question can only be answered by looking closely at the agreement. Without doing that, I can say (in general) that if the agreement doesn't state anything to the contrary, you are permitted to have someone else care for your daughter while you work, and to have them pick her up. If this is a regular practice, and consumes a large portion of the visitation time, then she might have an argument to have the court modify the schedule.


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