I have joint custody of my 16 month of child . The mother is custodial parent. .she is putting her in daycare without my consent . Is this legal
2 Answers from Attorneys
You'd have to discuss this with a lawyer but if you don't have to pay for it and your parenting time is not impacted, I don't see how you can complain unless you come up with something.
As long as there is no Court Order to the contrary, it is legal. I think your real question is whether or not you can object to same and if a Court would prevent the child from being put into day care. That would depend on what alternative you have. For instance, if you stated that you want to be with your child instead of the child being in day care, then a Judge might say that is a good reason. If the child is being put in day care because she needs to work and there is no other alternative, then the Judge would side with the mother. Essentially, you would need to establish a good reason why the child should not be in day care.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner