Legal Question in Family Law in Michigan
Father putting child in daycare
I share joint physcial custody of my son, alternating every other week. The child's father is putting him in daycare during his week, even though I am available to care for the child. Can he do this? We live in Michigan.
3 Answers from Attorneys
Re: Father putting child in daycare
Unless you can show that this is somehow putting the child at a risk of harm or that he has special needs which are not being met due to this arrangement, a court will not micro-manage the day to day choices each parent has made.
Re: Father putting child in daycare
Make a motion in court to change the arrangement to have you get primary physical custody, based on the change in circumstances that the father is now not available to watch the child. The judge may or may not go along with this because the child may be of age that daycare may be alright. You didn't mention the age. The father will then revert to a visitation arrangement. This is why these ideas about joint physical rarely work. William S. Stern
Re: Father putting child in daycare
Generally, the answer is "yes," but you may have a reason to ask for a change in custody if you can convince a judge that being in daycare when Dad has his custody is bad for the child and not in the child's best interest. It is not an automatic change in custody. For more info, please contact my office at (248)851-3171.