Legal Question in Family Law in California

change of child care

I have joint legal custody of my 3 year old. I want the child to be enrolled in a licensed day care rather the be babysitted by the mother friend. The mother will not agree to change the child care. Do I take her to court for contempt?


Asked on 2/17/08, 4:50 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: change of child care

If the order requires her to put the child in a licensed day care, then yes

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Answered on 2/17/08, 10:08 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: change of child care

I don't know what the court order for custody and visitation says, but you can't just take the other parent to court for contempt, even if they ARE in contempt, except in a few small instances. This doesn't appear to be one of those instances.

You have to try to work this out with the mother. You don't want to automatically take her to court just because she won't agree with you to put the child in daycare rather than with the friend.

Before you go to court (for an Order to Show Cause,not for Contempt), you need to weigh out the benefit v. the detriment of being in daycare against being in a private home. Just saying you don't want it to happen makes you appear irrational.

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Answered on 2/17/08, 6:33 pm


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