son got kicked out of daycare because of custody papers...?

Question

my son has been attending daycare for about 3 months. When I first brought him there, I told the director that I had full custody (physical and legal) and my husband had supervised visitation, we have a separation agreement, not a court order because we are not divorced. She said it was fine, that if my husband ever showed up, she would call the police and me, and not hand him over. A few weeks later, she came to me and said she needed a court order otherwise if he showed up she would hand him over to him. I told her is wasn't possible since I am not divorced. She was rude, and told me I was wrong. So I paid a lawyer $200 to tell me I was right and if she turned him over to my husband, she would be aiding in federal parental kidnapping. My lawyer explained this to her and I thought that was the end. I picked up my son up today and the director said she kicked him out. She claims she gave me 30day notice I asked for it in writing and of course she didn't have it. Can she do this?

oh, and by the way, I'm taking him to a daycare that will honor my separation agreement, just wanted to know if they can kick him out. I just talked to the head of the daycare and he said they have no policy that says I need a court order in order to prevent my husband from picking him up.

I meant starting now, I will be taking him to a new daycare that honors the agreement!

Answer 1

She has the right to cancel the service with you at any time for any reason she chooses. Unless the thirty day notice is specifically noted in a written or verbal contract, no such notice is necessary to terminate the service. If such a notice is required under contract, she would be breaching her contract with you.

Answer 2

She doesnt want to get in the middle of a custody dispute. I dont see how you can have any criminal charge for kidnapping if there was no court ordered custody arrangement with loss of parental rights. Any agreement you have with your husband would seem to be a civil matter.

But I am not a lawyer and dont really care anyway :)

She has done it , what you have to decide is , is it worth a court battle to get your kid back into a situation where he is not wanted for the 30 day notice period .

I would think not.

Personally threatening her with a federal crime was just a dumb move , and guarenteed that she dump your kid as soon as she could. She isnt paid to fight with parents over custody issues.

Answer 3

The daycare is a business.
You are a client.
Unless you have a written contract specifying the duration of the agreement (taking care of your son) between you, there is no legal requirement that the business concern itself with ANY client at ANY time.

The business has the right to refuse its services to anyone, at any time, on any grounds.

You, as a potential client, have the right to obtain services elsewhere.

Answer 4

Did you sign a contract when you started using her daycare? If so, you can hold her to the contractual agreement. Unless you want to pay the lawyer again, however, you may just want to find another daycare.

Answer 5

I'm a school bus driver and I have seen this happen before.She has the right to cancel services to whom ever she wants to. Sorry but it's her business. That's why America is so great.We have choices.Anyway why would u want your child somewhere where he or she is not wanted.I would be scared that they would be bias and not give my child the best of care.Find another daycare.Beleive me when I tell u that things happen for a reason.So just go with the flow.Good luck

Answer 6

Without seeing the written agreement you have, no one here can tell you what the other party can or cannot legally do. Suggest you take it to the lawyer & ask him.

Answer 7

no she can't and you should talk to your lawyer. You can file some kind of lawsuit.