Child Care facility duties

S

saltzy72

New Member
Jurisdiction
Florida
One parent pays the child care facility and utilizes their services, while the other parent doesnt pay nor utilize their services, but the facility has cut off all communication with the non-utilizing parent.

Can a Judge order a child care facility to share any and all information about a child under their care with the non-paying and non-utilizing parent?
 
I'm going to clarify what PayrollHRGuy said in what may seem to be a pedantic way, but it is important. Generally speaking, the judge in a custody/visitation matter wouldn't have the ability to order the daycare to do something, as they are not a party to the matter. What the judge CAN do is to order the other parent to authorize the facility to release the information to the other party. Alternatively, the judge can simply order that the other party hand over all information.
 
Thank you.
The paying parent (he) will not do this. We have a motion pending for him to do just that, but even if he is ordered to do so, the facility still may not comply and as you suggested, will not be obligated to do so.

Do you think we can/or is it worthwhile to bring the childcare facility into the case to obtain such relief? I have to believe they are violating some laws. For instance, from the FL Dept of Children's and Families Child Care Facility Handbook, such provisions as: (The point of the following is that these and others speak to the 'parents' (plural), not just the paying parent. - - and there a number of other examples. (And for further clarification, the parties are under a 50/50 custodial/timesharing agreement and neither parent is abusive or other issues etc.)
  • Providers are encouraged to inform parents and legal guardians of their child'sactivities on a daily basis.
  • Efforts to promote consistency and continuity of care are shown through following daily routines and communicating consistently with parents/guardians.
  • Parents/guardians must be advised in advance of each field trip activity
  • Custodial parents or legal guardians must be notified immediately if the event of any
    serious illness, accident, injury or emergency to their child
 
saltzy72 said:
Thank you.
The paying parent (he) will not do this. We have a motion pending for him to do just that, but even if he is ordered to do so, the facility still may not comply and as you suggested, will not be obligated to do so.
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Who is "we"?
If the facility will not comply with his instructions, then he needs to find a way to make it happen, or risk being held in contempt.

Do you think we can/or is it worthwhile to bring the childcare facility into the case to obtain such relief? I have to believe they are violating some laws. For instance, from the FL Dept of Children's and Families Child Care Facility Handbook, such provisions as: (The point of the following is that these and others speak to the 'parents' (plural), not just the paying parent. - - and there a number of other examples. (And for further clarification, the parties are under a 50/50 custodial/timesharing agreement and neither parent is abusive or other issues etc.)
  • Providers are encouraged to inform parents and legal guardians of their child'sactivities on a daily basis.
  • Efforts to promote consistency and continuity of care are shown through following daily routines and communicating consistently with parents/guardians.
  • Parents/guardians must be advised in advance of each field trip activity
  • Custodial parents or legal guardians must be notified immediately if the event of any
    serious illness, accident, injury or emergency to their child
Click to expand...
Who are you in this matter?
 
How can the Court hold him in contempt if he does what the Order states but the facility does not comply.

The attorney (hope thats ok with the rules here, admittedly I did not check)
 
saltzy72 said:
How can the Court hold him in contempt if he does what the Order states but the facility does not comply.

The attorney (hope thats ok with the rules here, admittedly I did not check)
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You are the ATTORNEY? Good Lord - refund your client's money and tell them to seek out competent legal counsel.
 
saltzy72 said:
Pro bono essentially. 3rd year. Thank you for the legal advice but dont be so quick to judgment
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Ahh - you're doing it for free. Here is my revised statement:

You are the ATTORNEY? Good Lord - apologize and tell them to seek out competent legal counsel.

EDIT: If you're a law student, then speak to your school about a refund (full or partial).
 
You are not humorous and I apologize but have crossed to being rude. When were you in law school? None of this is learned, its all experience, which is why I am seeking advice from more experienced attorneys. Not to get too personal, but its that kind of an attitude that blemishes our proffession. I am trying to help someone in a desparate situation. If you can help, please do so, otherwise just dont reply. Have a great day!
 
saltzy72 said:
You are not humorous and I apologize but have crossed to being rude. When were you in law school? None of this is learned, its all experience, which is why I am seeking advice from more experienced attorneys. Not to get too personal, but its that kind of an attitude that blemishes our proffession. I am trying to help someone in a desparate situation. If you can help, please do so, otherwise just dont reply. Have a great day!
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Please explain to the person that you purport to represent that she would be much better served seeking out competent legal representation. You are doing her a greater disservice by flailing around while attempting to "help" than if you simply would admit that you do now know what you are doing.
 
saltzy72 said:
You are not humorous and I apologize but have crossed to being rude. When were you in law school? None of this is learned, its all experience, which is why I am seeking advice from more experienced attorneys. Not to get too personal, but its that kind of an attitude that blemishes our proffession. I am trying to help someone in a desparate situation. If you can help, please do so, otherwise just dont reply. Have a great day!
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Did it occur to you to look at the TOS of this site? Read the notice on the bottom of this, and every other, page.


You are seeking the advice of random people on the internet for a case. You should be tossed out of law school for such an idiotic maneuver.
 
I understand that. Its all taken with a grain of salt, not as gospel. I ask, and hopefully I get opinions and continue with my own research. Which is why I initially asked for the basis in law for his opinion. Zinger and yourself have many posts and many likes. I dont imagine you all got there by giving bad advice etc....and if we actually were participating in a civil, educational discussion, then I would ultimately find out the deeper analysis. Again, this is no different then asking experienced attorneys, if that is what you all are. This is a free site and if you donate your time to others, please do so respectfully. I have contacted many attorneys in my area, looking for mentors etc., but all are too busy. So i end up here to try another route.
 
When you say "3rd year" - do you mean 3rd year in law school? Or, perhaps, you are speaking of high school...? Why do you believe that any of the prior advice has been any more disrespectful than the awful mess of things you seem to be making for this poor woman?

I understand that the following is redundant, but it is important: Please explain to the person that you purport to represent that she would be much better served seeking out competent legal representation. You are doing her a greater disservice by flailing around while attempting to "help" than if you simply would admit that you do now know what you are doing.
 
"he awful mess of things you seem to be making for this poor woman"
You do not know the details of this case and how it began, and when I began representing her. I asked a simple question about a courts jurisdiction over a non-party and its turned into this. Wow.
 
If you are a third year law student, at an accredited law school, you are no doubt aware that many if not most law schools offer law clinics where senior law students can, under the guidance of their professors, get experience providing free or low cost law advice to those who cannot afford it otherwise. Perhaps you might want to seek out your family law professor and inquire how to refer this poor woman to such a program.
 
saltzy72 said:
I have. There is no other choice at the moment. Experienced attorneys do not work for free, and legal aid is waaaay overloaded
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Please, just stop. You can cause irreparable harm in this poor mom's matter. If you have any ethical bones in your body, you will stop. People like you are the reason (one of the reasons, at least) why the laws against the unlawful practice of law exist.
 
saltzy72 said:
The paying parent (he) will not do this. We have a motion pending for him to do just that, but even if he is ordered to do so, the facility still may not comply and as you suggested, will not be obligated to do so.
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Then Mom asks that the court order Dad to provide the information directly. If he doesn't? She files to have him found in contempt. It's not that complicated.

At the end of the day? If lay people like (many of) us can do the research to figure this out? So can she/you.
 

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