Legal Question in Family Law in Florida

Good afternoon, my question is regarding family law there is a clause in my divorce papers that says "The father shall have the child during one week-end of the month from friday, after DayCare, until Sunday at 6:00 pm..." does that mean that he is authorized to pick her up from Daycare? or is it just stating that his week-end will start after daycare and he is not authorized to pick her up from daycare? We have joint custody and I'm the mother and the primary residence.


Asked on 8/25/10, 3:53 pm

3 Answers from Attorneys

Carmen Demapan Blind Ear Law Group, PA.

Since there is no specified time indicated for the pick up time, I would interpret the language "after Daycare" to mean that end of business day for the daycare, he would pick her up. That could mean picking up at daycare when it is closing or at your residence or another agreed-upon location. There's no specific instruction beyond that in that language.

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Answered on 8/31/10, 4:45 am
Lucreita Becude Lucreita D. Becude, P.A.

Look through your papers - if it is stated that the pickup and drop off times are at the residence of the primary, then that would apply to the daycare remark. IF this is not stated in your papers, then you both need to agree or return to court and get it spelled out.

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Answered on 8/31/10, 5:47 am
Brent Rose The Orsini & Rose Law Firm

Unless there is a good reason for her to stay at the daycare until it closes, I'm fairly certain any judge will allow her to be picked up any time after you (or the school) drop her off at daycare. Why are your quibbling over a couple of hours?

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Answered on 8/31/10, 10:28 am


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