My question involves a child custody case from the State of: CA
I have a 2 year old daughter who attends daycare from 8am to 6pm M-F. My custody order states I have visitation two days a week starting "after school" until "start of school" the next day (on top of other times). Sometimes, my current wife and I work from home and can take her to daycare later so that she can sleep a little more and have a hot breakfast at home, instead of rushing out the door and her eating at school. Sometimes, I get off work early and can pick her up from daycare anytime between 1 and 4. We try to regularly pick her up between 4-5, but daycare is open until 6 if needed. I think it's crazy that she should be in daycare 50 hours a week if either my ex or I would like to spend quality time with her for 10 of those hours instead. I think it is generally healthier for a child to be at daycare 30-40 hours at most especially if we are both good parents.
Now, the child's mother is trying to force us to drop her off by 8:30am by saying "school" starts then, and force us to pick her up no earlier than "school end" at 4:30. Our attorney says this is bologna since this is daycare, NOT school. He says we can even keep her home occasionally if we see fit as daycare is not legally required, although we cannot make a regular habit of this since this would be a decision my ex would have to agree with. My ex is now arguing that our daughter suffers if she is not in daycare 8 hours a day, claiming it is detrimental to her to spend quality time at home. She also expressed in writing that by me taking our daughter an extra 5-10 hours a week, that she worries I will request child support be reduced. Hence, she doesn't want me to have this extra time. (I have no interest in reducing child support for something so silly; I just want to see my daughter more often, esp since I won't be able to do this when my daughter is actually in school.) She has now threatened the daycare with a lawsuit, and has already filed a complaint against them with the state for "allowing" my wife to drop off after 8:30 am and "allowing" me to pickup before 4:30 pm.
The daycare has been provided a copy of our custody agreement, but due to my ex's threats, they are asking for specific times of when I am allowed to pick up and drop off. My thinking is if my ex wanted my visitation to end at 8:30, she should have mentioned that before our agreement finalized. I wouldn't have agreed, but she never brought this up until she began to worry that I would reduce child support and when she saw that my wife was dropping off instead of me. She's also trying to get my wife banned from the daycare, but the daycare has already agreed they can't do that. So what are my options? What can I tell the daycare? Do I in fact have a legal obligation to drop off at daycare as if it were school? Any guidance appreciated, thanks.
I have a 2 year old daughter who attends daycare from 8am to 6pm M-F. My custody order states I have visitation two days a week starting "after school" until "start of school" the next day (on top of other times). Sometimes, my current wife and I work from home and can take her to daycare later so that she can sleep a little more and have a hot breakfast at home, instead of rushing out the door and her eating at school. Sometimes, I get off work early and can pick her up from daycare anytime between 1 and 4. We try to regularly pick her up between 4-5, but daycare is open until 6 if needed. I think it's crazy that she should be in daycare 50 hours a week if either my ex or I would like to spend quality time with her for 10 of those hours instead. I think it is generally healthier for a child to be at daycare 30-40 hours at most especially if we are both good parents.
Now, the child's mother is trying to force us to drop her off by 8:30am by saying "school" starts then, and force us to pick her up no earlier than "school end" at 4:30. Our attorney says this is bologna since this is daycare, NOT school. He says we can even keep her home occasionally if we see fit as daycare is not legally required, although we cannot make a regular habit of this since this would be a decision my ex would have to agree with. My ex is now arguing that our daughter suffers if she is not in daycare 8 hours a day, claiming it is detrimental to her to spend quality time at home. She also expressed in writing that by me taking our daughter an extra 5-10 hours a week, that she worries I will request child support be reduced. Hence, she doesn't want me to have this extra time. (I have no interest in reducing child support for something so silly; I just want to see my daughter more often, esp since I won't be able to do this when my daughter is actually in school.) She has now threatened the daycare with a lawsuit, and has already filed a complaint against them with the state for "allowing" my wife to drop off after 8:30 am and "allowing" me to pickup before 4:30 pm.
The daycare has been provided a copy of our custody agreement, but due to my ex's threats, they are asking for specific times of when I am allowed to pick up and drop off. My thinking is if my ex wanted my visitation to end at 8:30, she should have mentioned that before our agreement finalized. I wouldn't have agreed, but she never brought this up until she began to worry that I would reduce child support and when she saw that my wife was dropping off instead of me. She's also trying to get my wife banned from the daycare, but the daycare has already agreed they can't do that. So what are my options? What can I tell the daycare? Do I in fact have a legal obligation to drop off at daycare as if it were school? Any guidance appreciated, thanks.
Child Care: Can the Custodial Parent Restrict Pickup and Dropoff Times for Daycare
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