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Old 10-31-2017, 12:28 PM
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Originally Posted by trinton View Post
I would not put the children in daycare because of your hurt feelings for the dad, especially when the father is available to look after them..
Here is the thing you need to consider Trinton that many OCL, Section 30 and judges consider in situations where there is conflict...

Daycare is seen by many of these professionals as a way to remove children from conflict. They are seen as a neutral 3rd party where the kids are not influenced (generally) by either parent. They are free to be kids at daycare / afterschool programs. So, when there is conflict judges often like to order the use of daycare to further protect kids. In the same vein, OCL and Section 30 likes to recommend daycare.

Now, you can disagree up-and-down all you like with what I have written above. Your challenge is convincing (providing evidence) that your option is better than daycare.

Your situation is unique as you are dealing with a biased childcare provider. Which is easy evidence to present on any motion and get a change but, it won't likely be to your care and control during those times. The better approach would be to a neutral 3rd party and not some crazy home daycare provider who is going to sway with either parent.

You would have a hard time getting professionals at say Mini Skool, The Salvation Army, Montessori, school attached daycare, or reputable daycare provider of reasonable size, to engage in parental nonsense. These kinds of organizations have well-structured governance and other policies and procedures for dealing with parents who live separate and apart. They are not rinky-dink operations run by an angry person who hates you. They are large organizations that manage risk and are FAR MORE ACCOUNTABLE than what you are experiencing.

Your best path, in my humble opinion, to resolve your daycare issue is to motion for a change in daycare provider, supply the evidence to the collusion between mom and the provider, the negative environment there and recommend three reputable alternatives for the judge to choose from. A daycare that is school-attached is always the first choice for judges... especially if this is the school the child is going to attend. (In some areas this is done through PLASP or similar programs.)

The parent-provides-care model you are trying to possibly argue is not going to net you any success. One conflicted parent means that the only option, in my humble opinion, is for a reputable daycare provider to provide care when parents are not available.

You won't gain much ground on the parent is best... Your situation, no matter who is the cause of it, is not what is possibly best in the eyes of a judge, OCL or Section 30 evaluator. They will see daycare as the best option for the child's interests I suspect.

Good Luck!
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