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Non custodial parent removed child from daycare without permission

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bzahn

Junior Member
What is the name of your state? Washington.
My daughters father removed her from her daycare without my permission on a parent day. He did not notify me that he was picking her up and did not call to make arrangements to get her for the visitation, and the daycare allowed him to take her and they did not call me to tell me that she was gone. I went to the daycare to pick her up and she was not there. I filed a complaint with CPS, but I need to know if they are liable for not notifying me of her removal. They have stated that because he put his name on the enrollment forms, that they had to release her to him, even though he is not listed anywhere on the forms to pick her up. There reasoning is that he is the biological father, even though I am the custodial parent. Please help me?
 


CJane

Senior Member
Chances are, without a restraining order or court orders that state otherwise, you cannot hold the daycare liable for releasing the child to a parent. They're not going to want to get into the middle of something like that, and it's not their job to interpret your parenting plan, or even be aware of it.
 
If it is a private daycare facility, then they are correct. Who is allowed to pick up the child is determined by whose name is on the list and given permission to do so. If he is the one who enrolled the child, then they have to release the child to him anytime he requests for them to do so. You will not be able to sue the daycare for this. You will have to go to court and file contempt against the NCP. However, make certain that there is no right of first refusal clause in your court order.
 

kcroy2003

Junior Member
MI daycare Provider

MI Daycare laws state that I have to release a child to a parent weather or not the custodial parent gives me permission or not. The only time I can say no is if there is a court order in my records stating that a parent has no contact/ not allowed to have the child.
 

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