Does the father have a legal right to watch his children instead of them being put in day care? My boyfriend has told his ex that he will watch his children while she is at work. She wants him to pay his half of daycare costs and keep them in daycare. In my divorce decree it states that I have to give the father the option of watching his children before I ask for him to pay for daycare expenses but there is nothing in his decree stating that he gets that option....only that he has to pay his half. Does the father legally have a right to provide care for his children or does the custodial parent get to make the desicion on where the kids go?