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Parenting plan: Difference between a DAY CARE and SCHOOL ( LEgal Custody)

Los Angeles, CA |

We have a parenting plan in place with a Joint Custody Order. I wanted to enroll our child (2 yo) to a day care 2 times a week for a half day for now and then increase it to every day. This is all during my current custodial time with our child. The father has an afternoon visitations, which would not have been interffered. He sabotaged our baby;s enrollement and Filed a CONTEMT of COURT against me. I was told my attorneys that I could ENROL her to a DAY CARE without his permission. Legal Custody refered to a SCHOOL Enrollement to have a consent, not a day care. and That is two different things. PLease someone clarify and can I counter file his contmept for bringing Malicious Charges against me. THanks.

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Attorney answers 2


Yes you can file an answer to the contempt and you may file your own contempt, legal custody really means you both have to agree on something like this, if you cannot you may file a motion and let the court decide, take care and I hope that things work out.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.



Thank you, but DAY CARE or hiring a nanny for instance, that is a different than from ENrolling a child to a SCHOOL, is that correct?


It sounds like you have an attorney. You should be consulting him/her for these issues and the attorney should be explaining to you what sharing legal custody means. Parents who share legal custody are supposed to consult each other on various issues. Whether to put a child in day care 2 times a week, doesn't usually fall under the list of things the parties are required to consult about. Further, Legal Custody requires you to consult with each other and to make these decisions together. That does not mean one parent can unreasonably withhold her/his consent. If the privilege of sharing legal custody is not working or is being abused, it might be time to revisit the issue in court.



Right, thats what I wanted to clarify. To keep the father/mother informed and shatre information...that is understood and reasonable, but to actually Claim that I CAN NOT enroll her to a DAY CARE because the other PARENT just does not want or claims he wants to keep the child with him, that is a different issue. Thank you TObie.

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