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Can you keep your child out of the nanny’s care when they’re with your ex?

| May 24, 2021 | Child Custody |

You’ve always been particular about who watches your children, but your ex-spouse isn’t quite so particular. Now that you’re divorced, you’re concerned that your ex will leave your child with a virtual stranger — a nanny, a daycare service or a sitter — during their parenting time.

Can you stop your ex from leaving your child with a nanny or sitter? Maybe.

Was your child accustomed to third-party care prior to the divorce?

If your child had a nanny or au pair helping with their care prior to your divorce, you will probably won’t be able to get the court to agree that they shouldn’t have one now — particularly if you also make use of nannies or other childcare services.

Is your real issue that you simply don’t trust your ex-spouse’s judgment when it comes to picking a sitter or nanny? If so, you may be able to ask for an agreement in your parenting plan that gives you equal say when it comes to vetting the help.

Does your ex’s schedule require some kind of childcare services?

Maybe your ex has a high-profile job that requires long hours or lots of travel. That was never an issue when you were married because you were always there to take charge of the children — but a nanny or sitter is now part of your ex-spouse’s routine.

In this situation, you may want to ask for the right of first refusal in your parenting plan. This would require your ex-spouse to give you a chance to take the kids during their parenting time whenever childcare is needed. Bear in mind, the same rules will apply to you, so make sure this is something you feel strongly about.

Custody conflicts are some of the most difficult situations for parents to endure. Talk to an attorney today to learn more about your rights and options.