Will the Court Choose Daycare Over Familycare?

Question:

My ex is taking me to court for custody. She has insisted that we pay her friend to babysit but my sister has offered free care for my son when we are both at work. She does not like my sister and refuses. The way I see it, my son will be with family when not with his mother or me. And financially it works for both of us. Will the court force me to pay her friend instead?

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Answer:

This depends on who has the right to make this decision. If your ex has primary residential custody, she may have the right to designate the daycare provider. If you do, you may have that right. If you have shared custody, you may need to agree on the daycare provider. If you have joint custody, you may need to agree. If you need to agree, if she does not like your sister, you are not going to be able to dictate her as a care provider. All of this really depends on your agreement or the prior court order says. You should see a local attorney to determine exactly what your rights are.

This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Lawyer in Clifton Park.  This does not consent an attorney client relationship.