Can I Pick Up My Child From Daycare Without a Court Order?

Can I Pick Up My Child From Daycare Without a Court Order?

The Question:

We do not have a court order yet. Can I go and pick our child up from daycare?

RJ Says:

File immediately. It is critical to understand that she does not have the right to unreasonably restrict your access to your child, and if she continues to do so, she could face legal repercussions. Do not miss out on irreplaceable milestones and memories with your child. Along with your initial Petition or Complaint, you should also file a Petition for Temporary Orders. This is the fastest way to get before a Judge.

Alternatively, a strongly worded letter from an experienced attorney may persuade her to act more reasonably.

Under Arizona law, the Judge is obliged to consider the child’s best interests and to adopt a parenting plan that allows both parents to share legal decision-making for their child and maximizes their parenting time. It’s impossible to predict exactly what a Judge will decide. Your aim should be to present a compelling comparison of the life you can provide for your child versus that offered by the child’s other parent. With most factors being relatively equal, our courts often order equal parenting time.

Consulting with a qualified and experienced family law attorney can help you explore your options and achieve the necessary legal steps. Most family law attorneys, including our office, offer free half-hour consultations to discuss your case in detail. This is an excellent opportunity to outline the specifics of your situation and develop a strategic plan. I strongly encourage you to schedule this free consultation as soon as possible.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.