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Childcare between 2 legal strangers

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KTRMom

Junior Member
What is the name of your state (only U.S. law)? Oregon

Brief overview: Daughter is 8. Stepmom was daycare provider for Daughter as well as 3 other children in my household. Dad and stepmom split up and dad was trying to stop daughter from continuing daycare at stepmom's.

Now: Dad has skipped all visitations since splitting from his wife (2 weekends 1 dinner) with Daughter due to having 'plans'. Stepmom has moved out of town with pretty much no notice given and at this point my DH has taken a voluntary layoff from his company to provide care for Daughter, his child and our 2 joint children. I have taken different shifts at work to accommodate our financial needs. Currently I am working two 16 hour double shifts 2 days a week, so I leave for work at 2:30 pm and get home at 7:30 am (actual shifts from 3pm – 7 am). I only work on school days so that on the weekend I am still with Daughter all day. On the days I work my DH is home when Daughter and stepdaughter get off the bus from school and then I see Daughter when I get home and drive her and stepdaughter to school, then go home and sleep. So 2 afternoons and 2 nights a weeks my DH cares for Daughter.

Dad is now throwing a fit that he does not want my DH caring for Daughter, but since he is to busy to take Daughter he wants his mom to be able to take her (on my parenting time) on the days that I work. Legally there is nothing unfit about his mom that I can prove, though I could pretty much write a novel about why I do not want her watching Daughter. I have sole legal custody and get to make all major decisions. The section on childcare reads "When neither parent is available to arrange care for XXX a licensed childcare provider shall be used.” I'm trying to avoid court and that usually means just sucking it up and being the bigger person, but this is something that I'd be willing to take a stand on, especially if it becomes a permanent situation. Since I have sole custody and this involves non-paid childcare and it's on my time do I have a legal leg to stand on telling dad to pound sand? Dad has gone as far to say he will seek to gain parenting time on the nights I work to lower CS just to turn around and leave Daughter with his mom.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oregon

Brief overview: Daughter is 8. Stepmom was daycare provider for Daughter as well as 3 other children in my household. Dad and stepmom split up and dad was trying to stop daughter from continuing daycare at stepmom's.

Now: Dad has skipped all visitations since splitting from his wife (2 weekends 1 dinner) with Daughter due to having 'plans'. Stepmom has moved out of town with pretty much no notice given and at this point my DH has taken a voluntary layoff from his company to provide care for Daughter, his child and our 2 joint children. I have taken different shifts at work to accommodate our financial needs. Currently I am working two 16 hour double shifts 2 days a week, so I leave for work at 2:30 pm and get home at 7:30 am (actual shifts from 3pm – 7 am). I only work on school days so that on the weekend I am still with Daughter all day. On the days I work my DH is home when Daughter and stepdaughter get off the bus from school and then I see Daughter when I get home and drive her and stepdaughter to school, then go home and sleep. So 2 afternoons and 2 nights a weeks my DH cares for Daughter.

Dad is now throwing a fit that he does not want my DH caring for Daughter, but since he is to busy to take Daughter he wants his mom to be able to take her (on my parenting time) on the days that I work. Legally there is nothing unfit about his mom that I can prove, though I could pretty much write a novel about why I do not want her watching Daughter. I have sole legal custody and get to make all major decisions. The section on childcare reads "When neither parent is available to arrange care for XXX a licensed childcare provider shall be used.” I'm trying to avoid court and that usually means just sucking it up and being the bigger person, but this is something that I'd be willing to take a stand on, especially if it becomes a permanent situation. Since I have sole custody and this involves non-paid childcare and it's on my time do I have a legal leg to stand on telling dad to pound sand? Dad has gone as far to say he will seek to gain parenting time on the nights I work to lower CS just to turn around and leave Daughter with his mom.
I am going to answer you here as I do not see your other thread. Once again, dad has no say over who provides daycare for your child on your time. You do not have to take the child to his mother and should NOT take the child to his mother. Tell him to pound sand.
 

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