Laredo, TX asked in Child Custody and Family Law for Texas

Q: Can I refuse daycare for children during non-custodial parent's summer possession?

I am the custodial parent, and the non-custodial parent cannot personally care for our children during their first summer possession. There is nothing specifically stated about daycare in our custody orders. I believe it's in the children's best interest to be with a parent, rather than attending daycare, especially since I am available to care for them during this period. Can I refuse to send my children to daycare during the non-custodial parent's summer possession?

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1 Lawyer Answer

A: The custodial parent usually can't refuse the non-custodial parent their court-ordered possession time, even if the non-custodial parent decides to use daycare during their time.

If the custody order doesn’t specifically address daycare or who gets to care for the kids during the non-custodial parent’s possession, the non-custodial parent generally has the right to make those decisions, including using daycare.

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