Legal Question in Family Law in Kansas

my ex husband is required to pick up the kids from school on his friday and return them to school the next monday. If i go out of town friday and he does not pick them up and they are left at school am i in trouble for not being there or is he responsable for them? I am the coustodial parent.


Asked on 9/30/10, 8:22 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Obviously, the safety of the child is the most important issue. You do nto ant the chidl left behind. If you fear that the father will fail to pick the chidl up, make aback up plan. Tell the School that you will be out of town,a nd have given person X, the authority to pick up the child, if Dad fails to. Give thm the name and phone number of person X. If you plan ahead for contingencies, you may not have to find out who will get in the most trouble. The real quesion is, if noone shows up to get the kid, and the child is run over trying to walk home, which parent will cry the hardest at the funeral.

Under the facs you described, the father would more likely be the one in trouble if it was clear by the custody arrangment that Dad was suppose dto pick up child. he could be charged with neglect and possibly other crimes. but, if the mother had an inkling that Dad might not show up, and did nothing, she could be charged too.

Good luck

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Answered on 10/06/10, 6:15 am


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