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Is it illegal for me to pick up my son from school without the approval of his mother?

Q: There is no court order in terms of custody or visitation. There is a child support order. My son is 8 years old and we have a strong relationship. We live in NY. My son wants me to pick him up from school, she doesn’t want me to. Can the school prevent me from picking him up if she is not present? Can I be arrested for going against her orders?

A: If she’s the custodial parent, and you do not have a specific visitation order, then the school is likely correct in saying that they need authorization from the custodial parent. The solution is a simply one: get a court order of visitation from Family Court which details the days you have access time – and authorizes you to retrieve the child from school. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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