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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Here is my question I am divorced. I have joint legal and

Customer Question

Here is my question I am divorced. I have joint legal and physical custody of a 9 yo boy. The parenting plan is silent as to "discussing" certain recreational activities for the minor child with the non-custodial parent prior to allowing the minor child
to participate in recreational activities. That said, the minor child is taken to a high risk facility by the uncle on the side of the estranged custodial ex-spouse and is allowed to participate in certain high risk behavior unaccompanied by the custodial
parent. The business establishment stipulates that a participating minor child MUST be accompanied by a parent or guardian. The uncle does not have guardianship over the minor etc. What if any are violations of basic child safety? While the child may have
been of a legal age to participate, my concern is how 1) the custodial parent was NOT present, and 2) the uncle is not a guardian, and 3) the misrepresentations that had to have been made by the uncle so that the minor could meet the requirements for participation.
It is my understanding that a child cannot even go on a school field trip unless a consent waiver is signed by the parent or legal guardian. The custodial parent did NOT sign a waiver.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
As the custody order is silent as to recreational activities, then it is left entirely up to the parent who has physical custody at any given time to make that decision. If you want to change that, you may file a Motion to Modify Custody and ask the court for an order mandating that a discussion be had first.
When a business sign states that a minor must be accompanied by a parent or guardian, it is not referring to a court authorized legal guardian, but rather an adult who has permission of a parent or legal guardian to accompany a child. Schools are bound by different regulations than businesses are and so the business did nothing wrong ion allowing your son to participate with the permission of his uncle in attendance.
Waivers are required by school districts as a matter of policy, not law, and businesses rarely use a waiver because it is a known fact to injury lawyers that the use of a waiver by a business offering potentially hazardous recreation to participants is more apt to be sued.
Your remedy here is to discuss this with your ex and if you cannot reach a consensus, then consider filing the Motion for Modification---especially of you envision this sort of activity occurring again and you disapprove.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,