*Indiana*
I have physical custody of my son and my ex and I share legal custody. During this Christmas Break, my ex is off of work since he works in the school corporation and I am still working. He wants to pick him up from daycare whenever he wants. Since I am a single mother and a full time student who also works part time, I have daycare vouchers that pay for a majority of his daycare as long as he is in daycare for at least 25 hours per week. If my ex picks him up early while I am at work, that means my son will not be at daycare for 25 hours. Therefore, the vouchers are voided and I will have to pay $131 per each week that he does this. Since I am the one with physical custody, is he allowed to get him whenever he pleases? I told him he could do it if he paid the extra cost, but this will never happen. Or do I have the legal right to tell him he cannot pick him up from daycare without my permission?

hello

You both have legal custody so I would take the following steps to make sure that his parenting time does not cost you money.

First write him a letter and send it Certified so that he has to sign for it.

Letter should include the following.


Dear ex..

I appreciate that your parenting time with our son is valuable and that you want to spend as much time with him as possible.

This letter will serve to document my position regarding the early pick-up of our child at his day care facility.

I started to recieve child care vouchers on (DATE). To be entitled for reimbursement for child care funds Junior must remain in day care for more than 25 hours per week. If (childs name) does not meet the requisite number of hours then I am unable to use my (what ever they are called). If you pick up the child early and he is not in day care for the minumum requirements then you could make my checks for this service void.

I recieve child support from you in the amount of ($$$). If it becomes necessary for me to allocate funds from my child support and work money to pay for the child care expenses then I will be forced to file for a modification of support and visitation so that I will be reimbursed for these expenses and have visitation clarified so that it will not happen on a regular basis.

Your parenting time should not cost me money that should be going toward other things that I need for our child. I will file for a support modification on (DATE) (If he has already cost you money then file immediately so that they will modify the order retroactively).

If you wish to pay for the child care so that I will not be charged then as long as you do so before you incur any fees on my behalf I will not be forced to ask the courts for reimbursement or a modification.

Therefore if you would like to pick our son up early and spend more time with him then you need to either make sure that he is still in for the minimum requisite hours necessary for me to use my reimbursement checks or pay for the child care yourself at the beginning of the weeks that you plan to excercise your visitation so that I do not owe money due to your unscheduled parenting time.


thank you

signed
XXXXX

hope this helps

Unfortunately I don't have time to look up your states definitions of custody so I can't tell you if you can deny him access. I sincerely doubt it if you have shared legal, but I don't have enough information.

rini