Legal Custody: Ex-Wife Refuses To Pick Up Child From Daycare

Omaha Nebraska Divorce LawyerQuestion:

I have joint legal custody of my son and have enrolled him during my parenting in a daycare in the new neighborhood I live in about 15 miles from my ex-wife’s house.

My ex-wife refuses to pick up our son from the new daycare, even though when it is time for my scheduled parenting time I drive to pick him up from the daycare she selected.

She says I am trying to deny her visitation rights by enrolling him in this new daycare that she refuses to pick him up from. Since I am paying half of daycare costs and have custody half the time I think I should be able to legally decide what daycare he attends half the time.

Who is right in this situation?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce and child custody laws where I am licensed to practice.

With joint legal custody, the parties are expected to be able to discuss and agree to things that are in the best interests of your child.

If you had no restriction on moving and are to pick up at the daycare or other parent’s residence, and to share in the cost of the daycare required by the other party for work or school, it would appear you can choose your daycare and she can choose hers.

Further, if this is the case, you will each owe each other half of the other’s daycare expenses. You will need to pick up from her daycare or house and she would need to pick up from yours.

Daycare and Divorce:

Who Pays? Who Decides?

You are not keeping your son from his mother so long as you make him available at the places and times specified in the divorce order.If she chooses not to exercise her parenting time and pick him up, it is her choice. Please realize this is going to become more problematic when your child reaches school age.

In the event your parenting plan does not specify any of the above, or in the event you want to cover the upcoming issue of entering school, you will need to file for a modification of your current parenting plan. This can generally be filed upon the showing of a “material” and “substantial” change of circumstances.

Upon filing for a modification, the judge could change the current custodial arrangement or simply clarify the current order.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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