Legal Question in Consumer Law in Maryland
Day care kicking out my child
The day care I am using for my child has imposed a new policy which states they will terminate their care of my child if she is not potty trained within 30 days of her 3rd birthday. This policy is a change from the policy in affect when we enrolled her, and I feel my child should be ''grandfathered'' in and this policy should affect incoming children as the agreement when we selected this provider was that they would work with us ''when the child is ready'' to become potty trained. We have been working with the child and center, but medical professionals insist that children will become potty trained when they are physically and emotionally ready anywhere between the ages of 2 and 4 years. And, above all, the child should not be forced into potty training or stress be put on the child to learn this, otherwise it might cause the child more harm than good.
2 Answers from Attorneys
Re: Day care kicking out my child
This all depends on the terms of the contract and the mutual understanding of the parties upon contracting. This
could be a unilateral mistake, a unilateral revision, a novation, or a rescision and revision. A review of the writing is in order.
If there is no writing then you would not be bound to any terms. Are you sure you want to have your child cared for by this facility?
It seems to me that there may be better options for your child's care.
Re: Day care kicking out my child
This all depends on the terms of the contract and the mutual understanding of the parties upon contracting. This
could be a unilateral mistake, a unilateral revision, a novation, or a rescision and revision. A review of the writing is in order.
If there is no writing then you would not be bound to any terms. Are you sure you want to have your child cared for by this facility?
It seems to me that there may be better options for your child's care. Namely, I would vote with my dollar and walk. Enough parents walk and this facility will
be re-thinking its decisions. Talk to other parents in a similar situation at the facility.
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