I am not married nor been married to the mother of my son but I do have joint legal and physical custody of our son. The mother cannot give permission alone regarding our son on all matters unless she consults with me and obtain my agreement and signature. My custody orders read that I’m to be notified of all school activities and so forth and two signatures are to be obtained for field trips, evaluations and so forth. Well I started to notice a trend that the daycare owner has become hostile with me when I ask questions about my son and she told me she only has to inform the mother. I told her not true you need and have to inform me about my son.
My question is can I take the daycare owner to court for being in contempt of custody orders and sue her for impeding my rights as a father?
I would start by reaching out to her supervisor and discussing the situation with that person first. You can provide a copy of the court order showing that you have a 50/50 split for decision making. That should work. Otherwise you may have a cause of action against the daycare for interfering with your rights.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Family Law Attorney
No, you cannot (successfully) take the daycare owner to court for anything. Any custody judgment is a court order that applies to a legal dispute between you and the mother. It has no power to alter the rights and responsibilities of third parties. Also, the daycare owner's "being hostile with you" is not a violation of your rights. Start by providing the daycare with a copy of the custody judgment, which should indicate that you have a right to such information.
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