Legal Question in Family Law in California

Request to Daycare Fac. to verify Child attends their fac.

My boyfriend's ex-wife is claiming to the DA that their child goes to a different and more expensive day care than the one she does attend. We have asked the daycare where she attends to provide us with a letter stating that she is enrolled and does attend their facilty regularly. They are refusing to do so, saying they do not want to get between the parents. Can they do that? or must they provide us with the information requested? We are not asking them to take sides.


Asked on 2/13/02, 5:40 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Request to Daycare Fac. to verify Child attends their fac.

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

They probably have the right to refuse to provide such information voluntarily; however, if there is a pending case, the records can be obtained by subpoena.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 3/28/02, 2:19 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Request to Daycare Fac. to verify Child attends their fac.

The question of how much she is paying for daycare will have to be addressed in court. The daycare where the child attends can be subpoenaed to appear in court with the attendance records and the payment for child care.

If the ex-wife is lying about the child care costs and you can prove it you should receive a credit for the excess payments and the court should order her to pay attorney fees and other costs you have incurred. These costs must be requested in the motion.

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Answered on 2/14/02, 1:04 am


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