Q: I have 50/50 parental custody with my ex spouse she wants my son to go back to day care Monday I dont think thats a good
A: This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision regarding the child’s healthcare, education, etc. needs to be agreed upon by both parents. Choosing when and where to send their children to day care during the global COVID-19 pandemic is considered a legal custody decision to be made by the parent with primary legal custody, or both by parents when legal custody is shared jointly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.