Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Here is my question I am divorced. I have joint legal and…

Customer Question
Here is my question I...
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: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 hours by:
7/10/2015
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 3 years ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
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,
Doug
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,876 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I would like to have my parents adopt my son, do I need the
For Ray If I would like to have my parents adopt my son, do I need the father's consent if we are not married and he does not have custody?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
We have been caring for a child for the last 9 months that
We have been caring for a child for the last 9 months that is not ours and not related by blood. The mother signed and had notarized a temporary guardianship form giving us temporary guardianship of t… read more
LegalGems
LegalGems
Juris Doctorate
12,817 satisfied customers
I am a non parent trying to get custody of a child. Both
I am a non parent trying to get custody of a child. Both parents are incarcerated. If both parents give me consent guardianship do I have to file anything with the courts in order to pick her from her… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I have a situation where a parent (0nly living parent) wants
I have a situation where a parent (0nly living parent) wants to give me (a non-parent) custody of their minor child. I would move to the child (16) to my Las Vegas home. What kind of paperwork is requ… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
My sister and her husband are heroin users, they have a 5
my sister and her husband are heroin users, they have a 5 year old boy and all 3 of them live with my sisters mother-in-law. they lost their house and their jobs. things are progressively getting wors… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My mentally ill {currently in a residential treatment
My mentally ill {currently in a residential treatment facility} 16 yr old daughter has falsely accused me of abusing her. Should I have any contact with her or might that be interpreted as my trying t… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My granddaughter (2-1/2) has been living in my house almost
My granddaughter (2-1/2) has been living in my house almost her entire life with her mother (my daughter). Nobody has "legal" custody of her at this time. My daughter was admitted to an inpatient care… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Our 16 yr old niece wants to live with us (uncle and aunt)
Our 16 yr old niece wants to live with us (uncle and aunt) because her mother has alcohol and prescription pill addictions, has not had a permanent address in a yr and has a boyfriend with meth proble… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My daughter who was a single mother just died. Before her
My daughter who was a single mother just died. Before her death, she was in the process of pursuing financial assistance from the absentee father thru the courts. She won by default because she was a … read more
LegalGems
LegalGems
Juris Doctorate
12,817 satisfied customers
I would like to have legal guardianship of an 11 yo child.
I would like to have legal guardianship of an 11 yo child. Her parents are moving to California, we live in PA. If the parents both agree, can paperwork be prepared by an attorney and signed?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
My husband & I have offered to be legal guardians to my 16
My husband & I have offered to be legal guardians to my 16 yr old nephew currently living in Pendleton, OR (Umatilla Co.) with his biological father (my brother) & his step mother. His step mother is … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I live in the state of Florida, Miami-Dade county. Im an unwed
I live in the state of Florida, Miami-Dade county. I'm an unwed mother of a 6 month old baby. His father and I have been in an on/off relationship for almost 3 years. Paternity was established when he… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
If mother does not agree that child should fly unaccompanied
If mother does not agree that child should fly unaccompanied despite airline regulation allowing child to fly unaccompanied and father paying for unaccompanied minor fee, can mother request the unacco… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
If I sign custody or guardianship of my son over to a responsible
If I sign custody or guardianship of my son over to a responsible adult in another state, will the Child Protective Services in Oregon be able to take him?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
a 16y and 10 month child with only one parent left the child
a 16y and 10 month child with only one parent left the child unattended for a period of approximately 5 months. the absent parent receives on the childs behalf a stipend for a deceased father from soc… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
I am traveling out of state with my step son and have put together
I am traveling out of state with my step son and have put together a temporary guardinship paper for us both to sign, and get notarized, just in case something happens with my step son while on our tr… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
What are the Mothers Rights if Grandparents have Co-Gaurdianship of her daughter
I HAVE A SIX YEAR OLD DAUGHTER WHO NOW LIVES IS WISCONSIN WITH HER FATHER'S PARENTS AND I LIVE ILLINOIS(HER FATHER IS HAS BEEN IN PRISON SINCE 2003 AND GETS RELEASES IN 2009). FALL OF 2007, I ASKED HE… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
I am taking tempory custody of a minor child. Parents are
I am taking tempory custody of a minor child. Parents are divorsed and mom has sole custody of said minor child. The child was kick out of his home due to his sexual preference. Mom agreed for child t… read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x