Who Decides Who Can Pick Up A Child?

What do you do when the father wants someone else to be permitted to pick up her child at your family child care home, but the mother disagrees?

You should never let someone pick up a child unless both parents give written permission for this to happen.

You do not want to be in the middle of a parent dispute. If you decide to let someone pick up the child when the mother has objected, you could open yourself up to a lawsuit. The mother may sue you if her child is injured while being transported by this person.

Biological parents have the right to pick up their children, unless a court order (divorce decree, restraining order, custody agreement) limits this right. This means a mother cannot prevent a father from picking up their child, even though they are in the middle of a bitter divorce battle.

This is true even if the father is not on the authorized pick up list. Because he is the biological father, he can pick up the child. If the mother objects, tell her to give you a copy of a court order that says he can't pick up the child. Otherwise, he gets the child. Keep a copy of any court order and follow what it says.

Both parents can also jointly give permission for others to pick up their child.When parents have joint custody, each parent may have a designated day when they can pick up the child. Either parent could grant the other parent the right to pick up the child on their day. But if Monday is mother's day and she wants the father to pick up that day, get this in writing and signed by the mother.

If parents are fighting about who can pick up their child, don't take sides. Tell the parents they both must agree on who can be on your authorized pick up list. Let them sort it out.

Tom Copeland - www.tomcopelandblog.com

Image credit: https://www.herbertandweiss.com/child-custody-born-out-of-wedlock-nj/

For more information see my book Family Child Care Contracts & Policies.