Legal Question in Family Law in Washington
first right to daycare
a provision in my parenting plan states: eighter parent shall have the first right to provide daycare if unemployed or not in school. At the time of I was in school and laid off quite often, now I am neither but I want to have my daughter when her mother is working on the weekends and I am off. The mother will not allow me to have her, what would likely happen in court?
2 Answers from Attorneys
Re: first right to daycare
To modify the parenting plan, you would need to show the court that it would be in the best interest of the child. What you are asking the court to do is to allow you to disrupt the schedule of the child (and the mother) any time you like since you can arrange to be free any weekend you like.
Your current parenting plan "states: eighter parent shall have the first right to provide daycare if unemployed or not in school." Since you wrote that your are neither "unemployed" or "in school", that provision is not applicable.
You likely should review your current parenting plan with an attorney. Depending on the provisions of the current parenting plan and how you and your daughter have been getting along, a modifification is possible if it is in the best interest of the daughter.
Re: first right to daycare
I would have to see the exact language of the Parenting Plan, but if it is as you say, then I would say yes, I think you'll be allowed the first right to provide day care for your daughter while mom works.
If mom does not cooperate in allowing this, then you can bring a contempt motion to enforce the Parenting Plan and ask for attorney's fees (although for this particular type of contempt do not expect much in the way of attorney's fees).
Best of luck.