New wife as sitter vs daycare

My ex has decided that because his new wife can keep our child he doesn't have to pay daycare cost anymore. In our divorce papers there are 2 sections regarding child care. The first states that if one parent needs a sitter then they have to give the other the chance to keep the child, it the other parent is unable to keep the child then the child can stay with a sitter. The second states that he is responable for half of daycare. I hate to be petty but I don't like this woman and don't want her keeping my child, and will NOT take him to her to keep. Can I make him continue to pay for daycare?? Thanks for your imput.

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I think you would have a hard time in court justifying the expense of childcare when a family member is willing to provide it for free. Unless you have legitimate reasons for not wanting the new wife caring for your child, such as she creates a dangerous environment, I think you need to get used to the fact that she is going to be around your child.

You don't have to take your kids to her when it is your parental time with the kids. You can continue to use daycare, but will most likely be responsible for the entire cost yourself. Since she is the step-parent, the court may not make you take them to her for childcare. You are free to choose any child care provider you wish, as long as your ex is given choice first, but if he can't then I don't think that means you have to choose his new wife. I have a very similar situation, but mine states I have to give him first choice if they will be in care with a PAID provider for more than 4 hours. If I go out of town, he gets first choice too.

Food for thought!

Jennifer

look up the no paramour laws for your state. And you can contact your attorney regarding FIRST RIGHT OF REFUSAL. Google it. could help.

I think I should add and I don't know if this makes a differance, that we have been divorced for 8 days and he has been married for 6, so as you can imagine there is ALOT of tension. This was not a long drawn out divorce, it took less than a month.