Can my ex stop my fiance from picking up my son at daycare? 3 Answers as of September 09, 2011

I have been divorced for almost two years now. My ex-wife had filed a motion for modification of the parenting plan back in April, on some very loose grounds. In early August, the trial went in my favor and the 50/50 custody remained. Less than a month later, she is now telling me that my fiance (whom has lived with me for the last year) can no longer pick up my son from daycare, despite her being allowed to the last year. She won't give me a reason other than I am not married yet. Can my ex-wife stop my fiance from doing so? And what can I do to to prevent/resolve this? Also, this is not the first issue that has arisen. She will make these demands every couple months or so, including topics such as holidays and what I am doing with my son discipline wise. If she doesn't break our parenting plan, but continually pulls these stunts, is there anything I can do about it?

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
No, she cannot stop you from designating a responsible adult to assist with picking up your child. And unfortunately, there is little you can do about her stunts.
Answer Applies to: Florida
Replied: 9/9/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
Unfortunately, you cannot stop your ex from filing various motions and supplemental petitions in court. What does the parenting plan say about designating a competent adult to pick up the child? The real question is can she stop your fianc from picking up the child. Being that you both have custody, as long as the daycare is going to allow you to put your fianc on the list, she would have to file in court. If the daycare takes your fianc off the list, then it looks like you are going to have to file in court. I suggest you consult an experienced Family Law attorney to discuss you case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 9/9/2011
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