2 questions


#1
  1. I think some flexibility is the key here. Can mom celebrate b-day w/ kids on another day? We do that quite frequently for Dad if his b-day falls on “her” time.
  2. I think this is pretty nitpicky. Unless step-mom has some sort of driving record or has had her license taken away, why would it be an issue…except if mom and step-mom don’t get along. I think that there always should be specified adults picking kids up - this is how it works for child care…you can’t just send anyone.

#2

Unless the agreement states which holiday trumps there is no specific rule. I would suggest the parties speak and try to work it out if and when it becomes an issue.

Generally, the parent who is to pick up the child can send an agent on their behalf to pick up the child.

It is important to remember in custody issues that you often get as much cooperation as you give and so working together to the extent that you can, is often the key to keeping these little things from becoming big issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

“It is important to remember in custody issues that you often get as much cooperation as you give and so working together to the extent that you can, is often the key to keeping these little things from becoming big issues.”

Ah so very true! One party tries to work with the other all the time and constantly compromises, one does not.

Thanks for the help!


#4
  1. Father’s Day and parent birthdays are incorporated into the SA. One issue that was never thought of however, what happens when mom’s birthday happens to fall on Father’s Day? Which holiday trumps? I would expect it to be Father’s Day but without it defined in the SA because no one thought about the fact that Father’s Day rotates, she might fight it.

  2. There is no language in SA in regard to WHO does pick up and drop offs. Can mother legally get into trouble for not allowing stepmom to pick up the child for the scheduled visitation? Can the father just send anyone as his representative?

Thanks!