Ask A Lawyer: Standoff At My Kids Daycare

Question:

I recently tried to pick my boys up from daycare for my standard visitation, like I always do. When I got there the daycare told me they were not releasing my children to me because my ex told the daycare not to.

Luckily I had my decree with me and immediately called the police, after 2.5 hours the police finally went inside the daycare and brought my children to me.

Can the daycare override my judge signed decree that states my visitation rights.

Answer:

The daycare does not have the power to change the court order.  It is not uncommon for them to prevent the non-custodial parent from picking up their children based on the wishes of the custodial parent. 

Normally, the custodial parent has the contract with the facility and the daycare does want to “get in trouble”.  If this continues to be a problem, you can ask the court for a more specific order regarding your right to pick your child up from daycare. 

I would also ask the court to admonish mom for her vindictive behavior.  It is obviously not your children’s best interest to have the police called to their daycare.

 

Clarissa Finnell is an Associate Attorney in the Indianapolis office of Cordell & Cordell, P.C. She is a member of the Indianapolis Bar Association and has been licensed in Indiana since 1997.  Read more about Clarissa Finnell.

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