Legal Question in Family Law in California

Preschool visitation rights

My private daycare/preschool has recently published a policy requiring parents to call ahead to make an appointment before coming to visit the school. Parents wishing to visit are required to come at specified times and remain for a minimum amount of time (arrive before 9:00 am and stay until either 11:00 am or until 1:00 pm, similar time limits in the afternoon.) Directors and teachers are not available by phone during the day (except to leave a message) so parents would not be able to reach anyone to say ''Hi, I'm coming over now.''

Is this legal?


Asked on 1/29/01, 12:31 pm

3 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Preschool visitation rights

They cannot stop you from going to the school and seeing you child anytime you want to. However, I suppose they can enforce the rule by just taking your child out of the school and not accepting your business. That might not be such a bad idea. This type of rule is not common in his very often in place in schools or facilities were the children are being abused or if there something else going on that they don't want to parents to know about.

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Answered on 3/12/01, 4:08 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Preschool visitation rights

Mr Koury is correct. I would advise to contact the local department of social services, the child care licensing facility and report this situation. If this conduct is innocent then it will be corrected quickly. Should there be some improper conduct occurring there is a high probility that such conduct will be uncovered and the day care put out of business.

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Answered on 3/14/01, 2:50 am
Edward Lindley Edward Lindley, Attorney at Law

Re: Preschool visitation rights

1-Re your last question: I realize this is California, where the state tries to dictate everything that we do, but even in this day and age, don't you think your question still should be, "is this illegal?".

2-You indicated that the private daycare facility "published a policy". Why do you think they did it? To give you notice that these were the rules, so that you could then make a decision, can I live with these rules or should I find another provider? I can think of a number of reasons why these rules are there (you did not indicate the size of the daycare enrollment), or as suggested in the two earlier responses, there may be nefarious reasons why these rules are now in effect. If you feel uncomfortable, by all means remove your child and go elsewhere where the rules are more acceptable to you.

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Answered on 3/15/01, 6:16 pm


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