Steven Fernandez |

Child Custody, Parenting Plan, Time Sharing

Do We Have to Agree on Who the Nanny Is?

When it comes to post-divorce co-parenting, you will soon realize that there are a million things you have to agree upon just to raise a child.

One of the more common issues relevant to modern day families with two busy parents is the issue of childcare. Ideally, you should both agree on any childcare providers that will take care of your child.

Sometimes, however, parents can be spiteful or petty and disapprove of a childcare provider, or several. They may also disagree with the provider if they have reason to believe the quality of the care is poor or otherwise not appropriate for your child. This can present significant barriers to obtaining childcare as often, your choices are already limited by your location and/or budget.

If you have joint legal custody of your child and there are no stipulations on childcare providers in your Parenting Plan, you may not have to agree on whom you hire as a nanny. While you do have some freedom, whatever decision you make needs to be in the best interest of your child. If the nanny in any way compromises the safety of your child or is not qualified to take care of your child, the other parent has a right to prevent that person from taking your child, however, they may have to get a court order to do so. If you have concerns about the other parent’s choice of childcare provider, speak to an experienced family law attorney about your options. It is best to act quickly if you have a genuine concern for your child’s safety and well-being.

It is also important to note that either parent can have the right of first refusal, also called the right of first option of childcare. This means that before turning to third-party childcare providers, a parent must offer the child’s other parent the chance to take the child instead of a nanny or babysitter.

When drafting your Parenting Plan and timesharing schedule, consult with an experienced family law attorney if you have any concerns about exercising your right of first refusal. A skilled attorney will be able to include language in your Parenting Plan and/or custody agreement that can ensure you have every chance at spending time with your child as possible. The right of first refusal is very important to exercise as it ensures your child spends as much time as possible with a parental figure and not a childcare provider. 

Are you in Los Angeles County and have some questions or concerns about your child’s care providers? Certified Family Law Specialist Steven Fernandez has experience with complex divorce issues regarding child custody and Parenting Plans and will work hard to make sure your child’s interests are looked out for. Representing individuals in Los Angeles and surrounding areas, Steven Fernandez will listen to your case and, based on your needs, do what it takes to protect your child’s interests. Call our office at (310) 393-0236; email us at intake@cfli.com or contact us through our online form today to schedule a free consultation.

Related Posts: