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Do I need to change my custody order??

Las Vegas, NV |

My issue is I have shared custody of my daughter and on the days I work im to drop her off at 2pm to the nanny because the mother is at work until 8pm and then she picks her up. What if I take the day off is my question, do I still have to drop her off at 2 to the nanny or can I keep her until mom gets off of work? The court paperwork only says from 9-2pm but says nothing if I take the day off. Mom is saying I need to take her to the nanny but wouldn't it be better for her to be with me when off then some nanny.

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Attorney answers 3

Posted

Without seeing the actual order, it is hard to tell how a Judge would react to the unilateral decision to care for your daughter yourself. I am assuming that you typically go to work at 2 p.m.? I agree with Jill that the Courts believe it is far better for the child to be cared for by a parent than any other third party. Mother is wrong for insisting on the use of a nanny when you are available. From a strategy standpoint, you should proposed a mutual modifiacation of the order to Mom and try to get her unreasonableness in writing. That way, if you end up in Court, you have the proof. In the mean time, I think you care for your child every moment you are available, rather than using a nanny or any other 3rd party.

Posted

In general terms, courts prefer that children be with a parent whenever feasible, beyond any other third party care provider, including other family members and/or step parents. This doctrine is known as the "parental preference." If you do not have this doctrine recognized in your court paperwork, or some other right of first refusal to provide care (meaning the child is offered to the other parent before any other care provider), then you should bring a motion to modify. It makes no sense for your child to go to a nanny when you are available.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

Asker

Posted

Sorry jill I ment to chose your answer as the best. Even though all three of you were very helpful my smart phone accidentally picked. John when I was trying to XOOM in. Thanks again everyone. It looks like I got a long road ahead.

Posted

I agree with the prior two answers, but don't forget that you also have the ability to deviate from the order if the two of you can agree to the terms. If you and Mom can reach agreement, even if it's just through an email exchange, there's no reason to think anybody will complain. The Court certainly won't. In fact, if the Court sees the two of you working cooperatively together for the benefit of your child, you both get kudos for it.

Asker

Posted

Trust me I would love to work with her but she gets enjoyment out if trying to make things tough for me. Sad part is it only hurts our daughter. I've been noting everytime she plays games. Now she is saying that she will take the day off just so I have to drop her off at 2pm. This is the kind of person she is. I even told her my mom would be in town and would like to spend time with her granddaughter and that's why I took the day off. She is still like Nope have her here at 2pm that's what the court docs say you have to drop her off at.

Keith Pickard

Keith Pickard

Posted

Well, then I'm going to have to kick it back to the prior answers. If you don't have "first right of refusal" or other parental preference language in the decree, then you're going to have to stick to the order until it's modified, and capturing her unreasonable position would be helpful. You have a bit of a hurdle to get over when it comes to getting into court, so you will probably want to work with an attorney.

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