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Who can provide daycare?

Updated: Nov 1, 2020

The issue of childcare or daycare frequently comes up in child custody actions, with both parents wanting a say in who the other parent can use for childcare during their respective parenting time. Many parents are surprised to find out that a childcare provider does not need to be a licensed daycare. While both parents can mutually agree that both need to use licensed daycare providers for their children, the Court will usually not impose this restriction.

Family Members - It is common for parents to use family members as daycare providers. So long as that family member does not have a relevant criminal history or been substantiated for child abuse or neglect, the Court will usually consider them to be appropriate childcare providers.

Boyfriends/Girlfriends - This can also be appropriate, so long as the parents themselves are formally divorced or permanently separated (if never married). The Court will usually agree to a restriction of having boyfriends or girlfriends around minor children while a divorce is pending, however, once that case is over, it will be up to the parent's discretion. It is a good idea to be wary of introducing children to new love interests until that relationship is anticipated to become permanent. Children can become attached to a new parental figure very easily and can be devastated when that relationship ends.

Licensed Daycare Facility - These programs can either be licensed "in home daycare" or an actual facility itself. So long as it is licensed, a Court will usually approve as a childcare provider. However, if you are seeking to add the cost of childcare to your child support calculation, such expense must be reasonable. Speak to your attorney about what a reasonable expense in your situation might be.

What about preschool? Many parents are eager to get their children into preschool programs or a daycare with an educational element. However, these situations can be complicated if the parents do not agree. Click here to see more about this topic.

Attorney Allison Greenlee Korr handles cases in Kalamazoo, Battle Creek and all surrounding counties, call today for a consultation. 269-381-4471


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