Question:

My son has been offered the opportunity to play in select baseball tournaments; however, my ex is refusing to let him play because some games may coincide with her parenting time.

I have offered makeup parenting time, but she is still refusing. Is there anything I can do to make her let my son play?

Answer:

First, you did the right thing by offering her makeup parenting time. Often in situations like this, the parent does not consent to the activity because it interferes with their parenting time.

Because I am not an attorney in your state, I cannot advise you on whether there is a statute which would make your ex-wife allow your son to play in the tournament.

Generally, if an activity does not interfere with the other parent’s parenting time, a parent may enroll their child in said activity without their agreement so long as the parent enrolling the child is willing to pay all of the costs associated with the activity.

I would review your separation agreement or final orders. Is baseball listed as a pre-approved sport?

If so, you would likely be able to enforce that provision. If it’s not, or if there is no provision which addresses activities, you may not be able to enroll your son in the tournament if it directly interferes with mom’s parenting time.

You may want to consult a local attorney to modify your parenting plan to include baseball and continue to offer her makeup parenting time for any time that baseball will interfere with her custody.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.