Author Topic: daycare selection: joint legal custody....please help  (Read 3333 times)

trnbsbro

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daycare selection: joint legal custody....please help
« on: January 12, 2016, 11:54:09 PM »
So the "x" and I have joint legal custody. The X's state benefits were terminated due to me making too much money "supposively" In court she told judge that I terminated daycare. Which was a lie. On a Sunday daycare lady called me and said your X's benefits ran out and I can't take them unless you have 250$ up front. So of course I could not afford that so I have since then been taking them to a friends who by the way is not a legal daycare and they love it and I pay cash to her. Now the courts are pretty much forcing me to send them to the X's choice of daycare or face the possibility of children going into child in need of care because the X and I have not been able to come to any agreements. So much more in this case. Complete nightmare. I cannot believe some of the things she is getting away with in court. Can someone help me on this. I'm needing help getting primary residential custody because I'm more than able and willing to provide a good stable home for my children. She relies on child support and other state benefits. This can't be allowable. Someone please help me. PLLLLLLEEEEASSSEEE.

BMull

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Re: daycare selection: joint legal custody....please help
« Reply #1 on: January 21, 2016, 01:00:11 PM »
Firstly, child care expenses should be included in the child support payment.  Typically they are added on top of the basic child support amount from the guidelines tables.  That puts the child support recipient in charge of paying for child care.  Secondly, the decision on child care provider is ideally agreed upon, but most of the time, the courts will simply side with the residential parent for reasons of convenience.  Unless the other party has as substantially valid reason why that should not occur, the residential parent gets their choice.  Finally, yes, child support recipients are able to live on child support alone.  There has never been a requirement that either parent work (that I know of).  However, if a parent is legitimately able to live on child support alone, there is probably something else wrong with either the calculations or the judges orders.  You need a sharp attorney to pick your case apart and determine what's going on.

In my opinion if you were to walk into court on your own motion for residential custody because mom doesn't work, you would be wasting your time.  An alternative argument could easily be made that how would you care for the kids while you're at work?  You wouldn't, so you'd put them in child care.  Why should the kids be in child care when they can be with mom?  This is the argument that is made all the time.  Now, if mom is putting the kids in child care and she doesn't work, then that sounds like a great place to start digging.
« Last Edit: January 21, 2016, 01:02:22 PM by BMull »

trnbsbro

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Re: daycare selection: joint legal custody....please help
« Reply #2 on: January 21, 2016, 04:46:43 PM »
Thank you for the input. I really do appreciate it.