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Court-Ordered daycare with other parent?

MacMom's picture
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Basic question: Would any one have wisdom if the court can order a father to provide before/after school care for the children during the mom's custody time?

Currently, via mediation signed in December, the parenting order states that the parent who has the children is fully responsible for the children's needs, including transportation to and from school and extracurriculars.

Though nothing has changed since the parenting order was completed, Mom believes that she can no longer provide transportation for her children to school/extracurriculars on her parenting time. A couple of years ago she moved out of the school/bus zone, without consulting father of how this choice might impact him, his home, and their children, and is now "requiring" them to be dropped off mornings and picked up late afternoons at father's home during her parenting time. There is ROFR for overnights only, as the children are 13 and 16. Father DID have before/after school for a couple of years and, due to various serious reasons, this arrangement stopped working and it was changed to each parent having full responsibility on the new parenting plan. Mother is receiving child support. So, Court would be the next step, and we are wondering if it can be ordered that the only option for the mother is father's home and resources, and if child support could/should be adjusted. What might a court rule?

oldone's picture

Why do children this old need before and after school care? Who provides day care for a 16 year old?

Lalena75's picture

I don't know of any after care in my state that even allows anyone over age 12 as they can the watch themselves or even babysit others at that age. Heck the 16 yr old can watch them. I doubt a court will since there likely are no programs for that age group except sports and such.

MacMom's picture

I doubt he know about filing a complaint. '
That would be a good thing for him to look into.
And no, he is not willing to take the children during her time due to the serious issues that caused them to quit that arrangement in the first place.

MacMom's picture

Yes, correct, it's not a daycare issue lol! Sorry to not be clear. The kids need to get from school to their parent's homes. They have a ride, via the bus, to dad's house. But, how to get them to and from school on mother's time is the issue.

Rags's picture

My DW received an increase of CS from BioDad of $50/mo for daycare until the kid turned 12 at which time either the CP or NCP were to request cesation of daycare costs within CS. So the SpermIdiots CS went up and never went back down. My wife of course did not file to lower CS when SS turned 12 and I don't think BioDipShit ever read the CO and knew that he could.

I find it very unlikely that the court would order your SO to provide transportation to school and other activities on BMs time and vice versa.

MacMom's picture

Thank you for the responses. We wonder if this went to court (she just might because she's really pushing hard for us to help her with this) and she has so many problems with slim options for solving them, that a judge might FORCE us to take the skids on her time before and after school. I mean, they look at the kids and their needs - what do they need? A way to get to school on their mom's time.

amber3902's picture

I would HOPE that any judge worth their salt would not require your DH to transport the kids to and from school when they are staying at BM's, (her time, her problem) but stranger things have happened.

I would try and get a free consultation with an family law attorney to see what they say.