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My husband and I took our son to an unlicensed in home

Customer Question
Hello my husband and...

Hello my husband and I took our son to an unlicensed in home daycare (providers in Nebraska don't need to be licensed to watch less than 3 children). We signed a contract (last page only). We repeatedly asked for a copy of the signed contract during the 4 weeks our son was there and did not receive it. We removed our son from care after learning finding out our married provider also had a boyfriend and he moved into the home with her and her wife as their lover. She has never introduced him even though he is there everyday when I drop off my child. We did not ask for any money back though she was paid for two more days than we used care but she wants us to pay for an additional month, stating it was in the contract we signed and wants to take us to court. How would a judge see this?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Nebraska

Lawyer's Assistant: Have you talked to a lawyer yet?

No I havent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She did provide a copy of the contract on the last day of his care per our request. We had told her that day that it was her 2 week notice but she was clearly upset and stated she required 4 weeks notice

Submitted: 10 months ago.Category: Family Law
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Answered in 3 minutes by:
9/25/2017
Family Lawyer: Lucy, Esq., Lawyer replied 10 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Legally, a person is presumed to have read, understood, and agreed to everything in a contract they signed. It's not a defense that they didn't have the whole contract, because you have the ability to walk away if they won't let you read the whole thing.

If you had a copy of the contract that didn't require notice or that only required 2 weeks, then the judge would find you weren't in violation. But you'll have to be able to prove that the document you agreed to isn't the same one she's showing the judge, and that could be difficult.

Alternatively, you'd have to find some sort of clause in the contract that speaks to her morality or adults allowed near the children, such that you could claim she breached the contract. The cancellation clause only applies if she's fulfilled all of her obligations.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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