Question:
Per our child custody agreements, my children are currently living with me during their summer vacation.
The babysitter my ex-wife uses is not available for some of the days I need a child care provider, and my ex-wife is claiming she must approve of who I get to babysit them since she has sole legal custody.
Is she right?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Missouri and am thus unable to provide any legal advice on divorce on the laws in your state.
In Missouri, the court-ordered parenting plan usually has specific information as to how you are supposed to handle daycare during summer vacation and changes concerning the daycare provider.
If your court order requires that the two of you agree to the daycare provider, then you will need to use your best efforts to agree on who will watch your children during the summer. If your ex refuses to agree with you concerning a replacement daycare provider, you are in a difficult situation.
Generally, there is a provision in parenting plans for the parties to engage in mediation if they are unable to agree. I suspect that your plan has such an option and urge you to request mediation or to speak with a mediator if your ex-wife continues to refuse to reach an amicable agreement with you concerning a daycare provider.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights and legal advice on divorce, I urge you to contact a family law attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.
