in the court order i have joint legal custody of my children and in that order it states if either parent are unable to provide care for the children during there parenting time for 4 hours or more they are to contact the other parent to see if they would be able to care for the children instead of putting the children with a third party
Family Law Attorney
according to what you have stated, the father should have the right to keep the child instead of daycare. However, there may be some other considerations such as the "daycare" being a "preschool" that will benefit the child with any developmental delays, therapies, or otherwise prepare them for kindergarten.
Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.
Family Law Attorney
Hello. I suggest you have an attorney review the exact wording of the order and provide you with a legal opinion. Your posting of this matter on a public website suggests potential conflict for which you should have legal advice and counsel. Often, the purpose of a clause and condition such as you describe in your custody order is so that the other parent (the father in this instance) can personally care for the child whenever possible, versus the child being with babysitters or relatives or placed in a day care facility, etc. Again, your court order needs review.
Child Custody & Parenting Time Law
Divorce / Separation Lawyer
This is a fairly standard "right of first refusal" for a custody situation. Yes, according to the way it reads, not only does he have the right to watch the child in those situations, but you have the obligation to give him that option in those situations.
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