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Question: Divorce, Marriage, Alimony - New York

Asked on 8/17/2009
my wife and I have Joint Legal Custody in new york state, do I have any say in choosing a daycare provider?

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MTG, Member in Good Standing of the New York Bar


In joint custody, both parents have legal custody with one parent designated as the primary residential parent. Joint legal custody means that both parents have the right to make major decisions for their children. These decisions can include residence of the child, medical and dental treatment, education, child care, religious education, extra-curricular activities, summer camp and recreation. 

Does your agreement speak to the issue?  It may. Read it. Generally, though, unless you are being unreasonable, you can have a say in choosing the daycare provider. Your wife can also choose to fight you on it in court.    



  • Answered on 8/17/2009
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You have a right to be heard on the daycare issue. This is the point of having joint legal custody. As the father and the joint legal custodian you have a right to have your position heard on this issue. However, you should refer to your agreement to determine the remedy and course of action if you donot have a meeting of the minds with mom.

Regards,

EG

718-689-0282



  • Answered on 8/17/2009
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