Q: My friend has a child with his ex who is 4 years old. She has no other children. He also has a child with his current partner that is 1 years old. There is no official court order but they do visitation approximately every other weekend. Saturday to sunday. At first the ex was bringing the child and then my friend would take the child back on Sunday. But now the ex wants my friend to do both pick up and drop off. It is close to a 2 hour commute by the subway. Since he also has a baby at home would a judge order him to do both pick and drop off or is it possible for him to get in a court order for the ex to bring the child to him and then he takes her back the next day? Since he would spend a lot of time traveling and he has another child that he has to watch sometimes in the mornings while the mom is at work.
A: It’s unclear who the custodial parent is in this scenario – your friend or the ex. In some cases, the noncustodial parent does both pick-up and drop-off, but the court may also factor-in if the mother left their joint residence with the child (as 1 example), then it may be more appropriate to direct a splitting of the pick-up/drop-off (or even order the mother to do both). Your friend should call a Bronx Child Custody attorney to schedule a consult for a full assessment.