El Dorado Hills, CA asked in Divorce, Family Law and Child Custody for California

Q: What can my husband do? He has 50 legal/physical. The court order states that one parent should not sign up their child

for any extracurricular activity that will interfere with the other parent's parenting time without prior consent. This year is the first year that THAT has been in effect. The ex though still signed up their daughter for sports even after they have both discussed and he had said no. She texted him out of the blue to take the daughter to her 1st practice the night before the practice. Now she is demanding him to take the daughter every Thursday and every other Saturday (since they switch off Saturday's) to her practices and games.

It's not that he doesn't want the daughter to play. We have drove her (35-40mins since we don't live close to his ex) to her practices for 2 years. We usually pick her up from school, wait 2-3 hours in the ex's town before the practice starts. By the time we'd get home, it'll be about 8-9pm. Now the ex is threatening to take my husband to court to "explain why his time is so important" (her exact words) that their daughter can't play sports this seaso

1 Lawyer Answer
Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: One obstacle your husband may encounter is that he didn't object and immediately take action, such as a request for order since it sounds like this occurred two years ago. The court might have a hard time taking the child away from the extracurricular activities she has been engaged in. Also, some judges have differing viewpoints on extracurricular activities. Some judges don't want a child to be the only child not to participate, but others take a different viewpoint. The judge at a request for order hearing will probably have to make a ruling moving forward. More facts are required to provide a thorough analysis analysis.

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