Denver, CO asked in Child Custody for Colorado

Q: Custody is 50/50. Primarily reside with me.

The child is currently in a daycare not approved by both parents. Am I allowed to take my child out of daycare since we both have custody but only one person made that decision. And it's not even daycare. Is some woman's house that has six kids living in there. Am I legally allowed to go and take my child?

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1 Lawyer Answer
Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: You can take your child during your parenting time if you have a court order. However, as far as whether you can take your child out of daycare that you did not both agree to, if it is not during your parenting time, then you can not. Often parties have joint decision making for major decisions and those are usually defined in the court order. The choice of childcare provider is not usually defined as a major decision.

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