Legal Question in Family Law in Illinois
My husband gets visitation rights on every other thursday and every other weekend. I looked in the court papers and it doesn't say who has to pick up the child or drop off. My husband usually does both 97% of the time. Recently my husband has been working out of town and we just had a baby. My husband has always taken her to school or to the babysitters in the morning. Well, since he started working and i have been home with a 2 yr old and a baby, we would just pick her up after school and drop her back off at her mom's at 8pm because i wasn't able to get out and take her to school. Now we want to pick her up and have her spend the night and take her to school the next morning. Her mom says that if we want to do that then we have to have her back by 6:30AM the next morning so she can give her a pill for her ADHD. I told her that I would do that and just take her to school, because there is no way for me to get my baby and 2 yr old out and drive 30 minutes to be at her house at 6:30AM. My question is if we pick her up on thurs. night do we have to take her back home or should the mom pick her up if she wants her back so early?
2 Answers from Attorneys
It depends on what the court order says about times for exchanges. If your current system does not work out, you can always ask for court for changes.
The provisions of the current court order/judgment control who drives and who gets the child when. If your husband wants to change it, and the mother doe not agree in writing, he must file a motion seeking a change in the provisions.
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