Legal Question in Family Law in Massachusetts
Court order regarding childcare use.
My ex-wife's job has her out of the state and sometimes even out of the country for several days at a time each month. Our divorce decree states that we have shared parental rights and responsibilities. It also states that ''Whenever either party's work schedule or social activities require the use of a daycare provider or sitter, that the party shall notify the other party at least 48 hours prior and that the other party shall be given the option of keeping the child with him or her''. My ex-wife has not done this, and my child has been spending nights with a daycare provider for 4-5 days at a time. By my decree stating this can I legally take the child out of the daycare and into my care without having to have my ex-wife's consent? The daycare provider told me absolutely NOT and will not release the child to me. Help me, my child needs a parent not a daycare provider.
2 Answers from Attorneys
Re: Court order regarding childcare use.
From the information you have provided, it sounds like she is not following the judgment of the court. Therefore, you have a right to file a complaint for contempt to inform the court that she is not following the divorce judgment.
If there is anyway you can talk this over with your ex it would be in the best interest of all financially and emotionally, if not, you have the option of filing a complaint for contempt.
If you have any further questions, feel free to email me at [email protected]
Sincerely, Maria Murber
Re: Court order regarding childcare use.
The short answer is that the best thing to do is to file a complaint for contempt against your ex, and ask the court to order her to notify the day care center (whichever one she places the child in) to release the child to you on request. If you have provided the day care center with a copy of the divorce decree, including the agreement part that provides for joint physical and legal custody. which turns the agreement into a court order, you can include the day care center in your complaint, since they knowingly violated a court order.
This, of course, assumes that the child will be staying with you and not just put in a day care center of your choosing, and that you have an appropriate environment for the child.
It also assumes that you have both joint legal and joint physical custody.
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