Family members and child custody

I have a court order with my ex regarding custody of our child.

We have shared legal and physical custody of our child.

As part of the order, the exchange time is 5pm on certain days. If my ex tells me a family member of theirs is going to meet me and pick up our child because they are “working late” (this person makes their own work schedule) do I have the right to keep our child until said parent is available to meet? Or will I be in contempt by keeping our child in my custody during my ex’s ordered time?

Unless the court order specifies that only the parents shall be at the exchanges of the child, or specifies that no third parties shall be at the exchanges, then you would likely be in violation of the court order by not exchanging the child at the time stated in the court order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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