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  1. #1
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    Question Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    My question involves a child custody case from the State of: FL

    Can a daycare legally keep a parent that is ordered through a parenting plan to pick a child up from daycare not to come on their property? The situation is this the Biological father filed a report against the daycare that the child goes to and there is an open investigation. The child's Biological mother refuses to believe there is any negligence on their part so she is still allowing the child to attend. But now the daycare owner told the mother to tell the Biological father and his wife that they allowed on their property, is this legal? If it is not do they need to bring law enforcement with them when they go pick up the child?

  2. #2
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Unless there is an order specifically prohibiting a parent from picking up the child, the daycare center CANNOT refuse to hand over the child to the parent.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Ok just want to make sure I am understanding, the daycare would have to get something from the courts to prevent the parent from picking up the child, like say a order of protection or something? So if the parent goes on the property to pick up the child and they refuse, I am guessing a call to local law enforcement would be the appropriate procedure?

  4. #4
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Law enforcement probably won't get involved.

    The parent needs to inform the daycare center that withholding the child like that is illegal, and they can be penalized.

    What did the parent do, incidentally?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Quote Quoting Dogmatique
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    Law enforcement probably won't get involved.

    The parent needs to inform the daycare center that withholding the child like that is illegal, and they can be penalized.

    What did the parent do, incidentally?
    The biological father filed a report against the daycare because the child claimed mental abuse.

  6. #6
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Quote Quoting JH40
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    The biological father filed a report against the daycare because the child claimed mental abuse.


    A child claimed "mental abuse"?

    Really?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    The daycare is private property. If they want to ban a parent from their premises, they may do so. If that parent isn't the decision-maker as to the place child care occurs and that parent believes that the daycare is an inappropriate setting for child care, the aggrieved parent can petition the custody court to address the issue.

    If the daycare does ban a parent from its premises, but knows that the banned parent will be picking up a child, it should make an appropriate arrangement - such as walking the child out to the parent's car for pickup. Perhaps when mom related the supposed ban she indicated how that was to occur.

    As for mom saying, "The daycare told me to tell you...", a fair response to that is, "They need to tell me directly, and explain how pick-up will work."

  8. #8
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Quote Quoting Dogmatique
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    A child claimed "mental abuse"?

    Really?
    I didn't want to get into the details as that is what the rules say not to do...the child expressed to the parents that he was being mistreated is that a better explanation... they put him in the corner every morning when he cried for his mother when she left, when he could not color in the lines they put him in the corner, when he couldn't cut a circle they put him in the corner and to a child that is humiliating, there is an appropriate way to handle situations such as this and when a child screams and cries that he doesn't want to go back there and starts to wetting his pants, a parent should take how the child feels serious right? That is what happened. I hope this clears things up.

  9. #9
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Quote Quoting JH40
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    I didn't want to get into the details as that is what the rules say not to do...the child expressed to the parents that he was being mistreated is that a better explanation... they put him in the corner every morning when he cried for his mother when she left, when he could not color in the lines they put him in the corner, when he couldn't cut a circle they put him in the corner and to a child that is humiliating, there is an appropriate way to handle situations such as this and when a child screams and cries that he doesn't want to go back there and starts to wetting his pants, a parent should take how the child feels serious right? That is what happened. I hope this clears things up.
    So, you and dad feel that a time out is not an appropriate punishment for a child who is misbehaving? What other type of punishment do you and dad feel is more appropriate? Did dad talk to the school first to see what their side of the story was before he decided to get them investigated?

    Children do quite often exaggerate about that sort of thing and this really sounds like a child exaggerating.

  10. #10
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    Default Re: Is It Legal for a Daycare to Prevent a Parent from Picking Up Their Child

    Quote Quoting llworking
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    Children do quite often exaggerate about that sort of thing and this really sounds like a child exaggerating.

    I completely agree, ll.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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