Question:

Can the mother sign a child up for baseball during the father’s visitation and force him to use his time for it?

How would this be viewed by a judge if the mother took it before the court and claimed it is in the best interests of the child?

Answer:

Where I practice in Pennsylvania, when it comes to a visitation schedule and the activities of the child, the existing custody order should be reviewed.

Sometimes this order is done by agreement of the parents, other times — usually when there is no agreement by the parents — the court will step in and make the decisions.

If the existing custody order is silent on matters such as sport participation or extra-curricular activities, the parties typically try to work together on a schedule that fits both sides while still allowing the child to participate in these types of pursuits.

If there is still no resolution to this matter, a party can seek a modification of the custody order by filing a proper petition with the court. The party that would like a change in the order has the burden of showing that participation in that activity is in the best interest of the child.

Because I am not licensed in your state, I cannot comment on how a judge may view your matter. Therefore, I would strongly suggest that you meet with a family law attorney licensed to practice in your jurisdiction so that you can acquire state-specific advice on this issue and how to proceed.

Remember, I am unable to provide you with anything more than general divorce tips, 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, including Pennsylvania divorce lawyer William J. Phelan, IV, contact Cordell & Cordell.