Child Care

Forgot to mention we have joint legal custody of children, but she has primary physical custody. The children do not have any mental or physical handicaps that would enable them to be by themselves a few hours a day.

Also, she verbally agreed not to re-enroll them this year. But has backed out, of course I have no proof of this. She changed her mind once the judge started reducing child support.


If you have joint legal custody it would seem that you could have input on this decision. I don’t blame the kids for being upset. Is there any other arrangements that can be made for them to have some sort of adult supervision when they get home from school? Can they check in w/ a neighbor? Be dropped off at a friend’s house. Ride the bus to a friend’s? It would seem that your ex is causing an undue amount of resentment for both kids and you.

I don’t believe you can subpoena the daycare to release your girls. If your ex has breached the agreement you have, you can issue a show cause and she will have to appear in court to explain why she didn’t abide by the agreement.

Now is it worth the money to do that? That will be a choice you have to make.

I have a 13 year old and she would be mortified if I still made her go to a daycare afterschool program. I am sorry your girls have to go through that.

You said the judge started reducing child support. I’m curious about that. Did he reduce it because they ‘aged’ out of daycare and had been in another afterschool arrangement before this time? I don’t see how she could have it raised back up that quickly.

Thanks for your responses.

I wanted to subpoena the daycare strictly for information. For example their applications, who is listed as emergency contact (as she has told me I am not listed) and I want them to provide demographic information in regard to how many other 13 year olds are enrolled there and if they just co-mingle 13 year olds with 5 year olds are is their some levels of separation.

The child support went down - because she finally admitted on the stand to making more than $7,800 per year. She is self-employed so income verification has been a nightmare.

Thanks for the information about the “Show Cause”. After $20,000+
in legal fees for the past six months, I can no longer afford my attorney and am trying to pursue this matter on my own. So the
only cost for me - would be the day off from work. Besides if it
makes my kids happy its always worth it.


Have you contacted the daycare center concerning the information? You COULD call on the pretense of looking for an afterschool program and ask ‘my daughter/son is 12. Are there other children his/her age? What kind of activities are there geared to that age group? and so on’

As a past director of a preschool, we were not allowed to give out information on enrollment forms if it was a situation like yours (divorce). However I could tell someone if they were or were not on the pick-up list. As their father, you have a right to call and ask “I may have to pick my daughters up on occasion if their mother is running late, and I wanted to make sure I am on the pick-up list.”

You didn’t mention if you were local to the children or lived far away. If you’re local, then you should be listed as an emergency contact and be put on the pick-up list. But I dont’ know the legalities of making it a requirement.

I think you can do a ‘show cause’ by yourself. Since she broke the agreement, I don’t think you’d have to pay her legal fees. I may be wrong in that matter. Just issuing it may jolt her into reality and get things rolling for you.

Is there currently a custody order in place?

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Attorney with Rosen Law Firm

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Yes there is a custody order in place but no where in the order is child care mentioned. Do I need to modify the order or file something different?

My ex-wife has my almost 13 year old twins in day care after school.
The current order states she is supposed to discuss and consult me before such matters, but she didn’t. The kids are so upset because they are one of the oldest ones there and feel like their are being treated like babies.

What paperwork/forms do I need to get in court on this matter?
What paperwork/forms do I file to subpoena the daycare?

What other facts can or should I produce to make sure that they are removed from daycare?

If I get this accomplished, what paperwork/forms do I file to adjust current child support order to remove child care costs?