Visitation and day care distance


Dear philzone:

Greetings. Let’s answer your question as follows:

  1. Yes, the court will take this into consideration, but it is likely the child will remain in her current daycare, because this will be some consistency in her life.

  2. Yes, talk to your employer about working extra on days that you do not have your child. If you are looking for me to say that the court will change the daycare, I doubt the court would, so you will not be hearing that from me. Instead, as the court to have your ex reimburse you for the extra mileage. The money will make the trips easier on you.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.



My wife and I work approximately 50 miles distance from each other, and in 2003, she elected to switch my daughter’s day care to her place of employment. Previous to the current arrangement, we had a day care facility that was equidistant from our respective employers and we shared equally in responsibility (ie, pickups and dropoffs).

I did not support my wife’s decision to switch day care facilities and offered her a reasonable compromise, which she rejected. My lack of support regarding her decision can be clearly demonstrated through written records.

Now that we are separated, the day care situation is seriously affecting my ability to visit/parent my child. On the overnights that I have her, I will have to commute 150 miles per day, which impacts my ability to work full-time while my daughter is in day care. So this leads to my questions below.

  1. Might a judge take day care/commuting factor into account (ie, broad discretion) during a custody hearing?

  2. Any suggestions on what could be done regarding the daycare dilemma so that I can have more visitation of my daughter and still work full-time?

Many thanks for any thoughts that anyone can provide (other parents included).

Best regards.