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re: OT lawyers assemble. Child care question.

Posted on 3/31/14 at 9:34 pm to
Posted by Rouge
Floston Paradise
Member since Oct 2004
136855 posts
Posted on 3/31/14 at 9:34 pm to
Festus in this place like an old-as-balls pro
Posted by Kickadawgitfeelsgood
Lafayette LA
Member since Nov 2005
14089 posts
Posted on 3/31/14 at 9:37 pm to
quote:

Had a disagreement one day when I found out my daughter was calling him daddy (his name).


Your child needs love from as many people as possible. If you are as involved as you claim, the child knows who "daddy" is.

Btw, my step daughter calls me daddy. Screw dad if his insecurities get the best of him.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47540 posts
Posted on 3/31/14 at 9:38 pm to
quote:


It's governed by the custody agreement, not by who's paying what.

If he's actually got Co-domiciliary status she cant keep the son in a day care he doesn't approve of. I still say he tell her he's not paying for it unless she let's his gf back on list.
Posted by Festus
With Skillet
Member since Nov 2009
85046 posts
Posted on 3/31/14 at 9:39 pm to
Rouge, I've been through this. There's a right and wrong way to do this stuff. The wrong way is not only mentally exhausting, it's horrible on the kids. But in the very least, before you yank a kid out of daycare, when the OP has already said that the ex isn't agreeable to simple things, you should at least run the legality of it by your attorney. Don't just do it because in your mind you've rationalized it's best.

jesus..
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124608 posts
Posted on 3/31/14 at 9:40 pm to
you're right. bullshite like this gets me hot. Something needs to be done or else the OP is gonna get screwed...but there are probably bullshite legal repercussions that protect stupid behaviour on the mothers part.

But I would do something asap about the daycare. That's wrong on lots of levels
Posted by Rouge
Floston Paradise
Member since Oct 2004
136855 posts
Posted on 3/31/14 at 9:41 pm to
quote:

Btw, my step daughter calls me daddy. Screw dad if his insecurities get the best of him.


Ehhhhh


Common sense and general decency makes me disagree with you here.
Posted by Festus
With Skillet
Member since Nov 2009
85046 posts
Posted on 3/31/14 at 9:44 pm to
quote:

If he's actually got Co-domiciliary status she cant keep the son in a day care he doesn't approve of. I still say he tell her he's not paying for it unless she let's his gf back on list.

I disagree, and here's why. Co-dom means they are equal. She is already in this daycare. To yank her is a CHANGE in the current arrangement. They frown upon that without consent of both. If you can't agree, then don't change, and let the court decide. That's how they view it.

Now, not paying is different than yanking the kid without both consenting. That seems to be a more reasonable reaction, until the gf is on the list, I won't pay. Put that in writing. Run it by your attorney.

You see the difference in those 2?
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47540 posts
Posted on 3/31/14 at 9:46 pm to
yep.
This post was edited on 5/15/22 at 11:27 pm
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124608 posts
Posted on 3/31/14 at 9:48 pm to
with all due respect...that's bullshite.

If the dad is some deadbeat POS that has nothing to do with them, maybe.

But if not, you are a usurper. it's hard enough to be a single dad without having some guy trying to muscle in on your territory.
Posted by Dizz
Member since May 2008
14783 posts
Posted on 3/31/14 at 9:49 pm to
Can someone please tell me where the term co-domicilary is found in the code?
Posted by Festus
With Skillet
Member since Nov 2009
85046 posts
Posted on 3/31/14 at 9:52 pm to
quote:

Yep that's why I think I would simply not pay. I haven't had this issue but as a parent with that status it's always been something I know I can do if say she puts the kids in a school, dance class, etc I didn't agree upon.

Exactly, but that would be a change she makes without your consent, and you'd be safe. You've never paid for it before. But, let's say you initially agreed, and started paying, and paid for awhile. Then, you didn't agree with something. You'd have a much harder time demanding a switch, or just changing your mind and not paying.

Sudden changes, either way, without consent of both, is where you start getting in trouble with the courts. Especially when they can see clearly it's based in infighting between the spouses.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47540 posts
Posted on 3/31/14 at 9:54 pm to
quote:

infighting

Which is why Co Dom is not commonly in the judgment.
Posted by Rouge
Floston Paradise
Member since Oct 2004
136855 posts
Posted on 3/31/14 at 9:55 pm to
Had a discussion about this recently with bro in law

Woman is primary custodial

Kid in daycare

Mom pulls kid out of daycare to be stay at home mom

Dad brings to court

Mom wins every time because court will not take stance that stay at home mom is a bad thing.
Posted by Dizz
Member since May 2008
14783 posts
Posted on 3/31/14 at 9:56 pm to
Isn't co dom the same thing as not naming a domicilary.
Posted by Festus
With Skillet
Member since Nov 2009
85046 posts
Posted on 3/31/14 at 10:00 pm to
quote:

Which is why Co Dom is not commonly in the judgment.

I didn't know it existed. But I was domiciliary and it was explained to me even as dom, it didn't give me authority to unilaterally make decisions. I still had to discuss everything and work out with the ex. It's not a permission slip to change stuff on a whim.

I think a lot of people are unclear exactly what it means. When you share custody, no matter what, you HAVE to work together on every single issue, period. No one can just trump the other. Judges will pop the shite out of you if you try.
Posted by A_bear
baton rouge
Member since Sep 2013
1976 posts
Posted on 3/31/14 at 10:01 pm to
Yeah but not paying is still against the law. If I don't agree with my ex I can't stop paying her child support because that's illegal. It's just as illegal to stop paying my % of child care. It's violating court orders no matter how you look at it.
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 3/31/14 at 10:01 pm to
quote:

with all due respect...that's bullshite.


I disagree. I remember one weekend when my son was about 4 and I was doing the Sunday Washington Post crossword, he asked me if I was doing a "cross puzzle". I said that I was. He said, "Pop does cross puzzles." After saying something to him, I excused myself, called his Mother, and asked WTF was my son calling her husband. It was one of our many ugly conversations.

Fact is that his "Pop" has been in his life for many, many years. My son knows the difference between "Dad" and "Pop". While I hated the guy's guts 30 years ago, he has been a good man and a good step-father. He loves my son as if her was his own. And I know that my son loves him. When I spoke with them all last Christmas I told both my son's Mother and his "Pop" that they did a very good job in bringing my son up. I had told my son's Mother that on a number of occasions over the past 10 or so years, but I was finally able to say that to him.

Good step-parents are underrated. This man has every right to be called "Pop". I never had any of the woman I was with called any derivation of "Mom" or "Mother". That is probably a reflection of my own problems with sustaining relationships.

The real issue with the OP's ex having her daughter call the new boyfriend "Dad" is who knows how stable that relationship is? How many "Dads" is this little girl going to have?
Posted by Happy_wife85
Louisiana
Member since Nov 2012
127 posts
Posted on 3/31/14 at 10:01 pm to
Op,

Your kid already has to go back b/w u and your ex. Why make her life even more unstable by switching daycares?
Posted by A_bear
baton rouge
Member since Sep 2013
1976 posts
Posted on 3/31/14 at 10:02 pm to
quote:

Isn't co dom the same thing as not naming a domicilary.


I'm not sure. I thought it said co-dom but when I double checked it said neither of us are domiciliary.
Posted by Festus
With Skillet
Member since Nov 2009
85046 posts
Posted on 3/31/14 at 10:05 pm to
Maybe, but talk to your attorney. If you put it in writing, explain the problems you have with the daycare, and why, and give them an opportunity to fix it, or allow you to switch to a different daycare, or you will no longer pay. That's different than just not paying. But again, that's where you really need to talk to your attorney before you do any of that.

You can surely write the letter to the daycare, and CC the ex, with the issues of not having your gf on the list, and them withholding info from you, and a demand that they immediately stop and rectify. Demand you be treated as an equal parent with equal rights. There's nothing illegal about that.
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