Legal Question in Family Law in Virginia

Child Care Provided by NCP or stepparent

My husband is the NCP and we live close enough for his daughter to come to our house after school until her mother, the CP, gets off work. His daughter is comfortable in our house and would like this arrangement. I understand by Virginia law that the NCP is allowed to provide child care instead of paying shared child care expenses if he/she so desires. Does this extend to child care provided by a step parent in the NCP's home? This is not an issue of money, but we'd rather provide a safe and happy environment for his daughter to come to after school to help with homework, invite her friends over, etc. instead of a situation with a nanny or an empty home at the CP's home. Do we have any legal standing here? Thank you.


Asked on 3/13/07, 8:50 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Care Provided by NCP or stepparent

Section 20-108.2(F) of the Virginia Code specifies that child care expenses

necessitated by the custodial parent's employment are to be added to the basic child support obligation(which is apportioned between the parents).

In evaluating such expenses the court

may consider the availability of the non-custodial parent to provide some of such care, but whether this arrangement is permitted in any particular case is up to the court and not to the non-custodial parent.

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Answered on 3/13/07, 9:30 am


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