When a father is scheduled to pick up a child for an overnight visit can he send someone else (new wife) to pick up the child -- can the mother of the child who has primary custody refuse to release the child to anyone other than the father?
1 Answer from Attorneys
This will depend on if there are any restrictions in the parenting plan or other parts of your judgment saying that new wife is not allowed to pick up the child or that the children will only be released to father. If there is no restrictions in the judgment, then you really have to look at why the new wife shouldn't be able to pick up the child. Is she dangerous? Does she have a history of DWIs? Is she on the sex offender's list? What would be the reasons and the purpose of refusing to release the children to the new wife? If there is no valid reason for refusing to let the new wife pick up the children other than mother doesn't like it, a judge is probably not going to look at that favorably. It is so important after a divorce for parents to learn to communicate better and to co-parent and be understanding of the children's needs. There isn't enough information in this question to determine the reasons mother would want to restrict the new wife, but its usually a good thing with the new wife wants to be involved and help out with transportation. But in some cases there are very valid concerns so there is no way to gauge the totality of this situation from the question.