Question:

Should I keep my son in daycare or at home with his father during the day?

For almost a year, my 2 year old son's father has provided care for our son during the day since he works nights. Against his protests, I enrolled our son into a daycare center. I believe he should be there for learning purposes until he starts actual school but his father feels that he should be with him so that he can have bonding time with our son. As of today, he has filed in court to establish his visitation schedule that he once had before I enrolled him into daycare. He also is modifying child support, since I now make more income from the previous child support ruling. I'm afraid that considering his seeking visitation and the fact that I may loose some child support due to my increase in income, a judge may rule in his favor. From a legal stand point, due I stand a chance?

Practice area: Family

Answer:

What you need to focus on is what is in your son's best interest. You are asking about a 2 year old. I do not care what school you have enrolled him in, he is not learning anything he might learn later without too much difficulty. The main thing he is learning is socializing and how to interact with peer, but other than that, there is not much going on at daycare that the child's father can't provide or do for your son.

The establishment of a bond between a child and father is something the court will be responsive to and if you are unilaterally deciding to interfere with that relationship is one of the many factors the court will consider when deciding custody and visitation. There are other factors that are considered as well, but these are the only ones you have touched on.