Legal Question in Credit and Debt Law in Wisconsin

What makes a contact legal? Regarding child care.

If I signed a document hand written by a child care provider that states I MUST give a two weeks notice before ending child care, am I bound to pay for those two weeks if I have to end childcare since I can't afford it?

Also, the providers child is beating on my son and other problems are occuring regarding the well-being of my child. I HAD to end daycare. Now my ex-provider is threatening small claims if I don't cough up cash I don't have.

Thank-you


Asked on 5/16/99, 12:16 am

2 Answers from Attorneys

Stephen Silverberg Silverberg Law Office

What makes a contact legal? Regarding child care.

The previous response is legally correct, but still means you may have to defend yourself in small claims court. It might be better just to talk with the provider, and perhaps arrange to pay a SMALL amount each week until the two weeks' worth, or a compromise amount, is paid.

I am more concerned with the allegation that your child has been physically abused. What PROOF of this do you have? If there are bruises or other injuries, have you had them documented by medical authorities? Do so immediately if the signs are still visible. When your child is examined, EXPLAIN how you know that the injury(ies) occurred at the day care provider's. ALL adults, including YOU and any nurse or doctor who examines your child, who sees any signs of physical abuse, is legally required to report this to the authorities.

Having your statements regarding the source of the injuries being the day care provider could serve as a valid defense if the provider chose to sue you for the two weeks' worth of care.

CAREFUL: DO NOT make up a story just to get out of paying, because if you are shown to have made it up you could be charged with several criminal offenses yourself and risk going to jail.

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Answered on 5/25/99, 9:59 am
Susan Freiman The Legal Clinic

Re: child care contract.

If you had to end the contract because you can't afford it, then you do owe for the two weeks. If, however, you withdrew you child because the child care provider was not providing a safe environment for your child, then you should not have to pay.

If you have not already done so, write the provider a letter (registered mail, return receipt requested) itemizing all the incidents when your child was injured or threatened or neglected, and stating that you are therefore terminating the care immediately, in order to protect your child.

Let the provider sue you.

Good luck.

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Answered on 5/22/99, 5:28 am


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