Legal Question in Family Law in Massachusetts

visitation/practices for extra curricular activities

Hello, I have full physical custody of my son and the father and I have open and reasonable visits. Is it resonable if I tell him that I don't think it's necessary for him or his mother to come to the childs basketball practice? I told him I will give him a schedule of his games when I get it. Him and his mother totally disregard everything I say as the mother. They act like they can do what ever they want. Is it okay if I tell him not to go and he shows up? Also I pay for the extra curricular activities and don't feel it's necessary for them to attend practices. Do I have the right to tell them No? because he just has visitations and what are the consequences on his part if they show up after I say no to practices?


Asked on 12/18/08, 7:48 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: visitation/practices for extra curricular activities

This man and his mother sound interested and willing to put in the time for the child. While the practices may be a bit much in some eyes, he probably isn't the only interested parent. It may seem pushy to you, but it sounds like you are trying to push him out. You state no reason that he should be.

In short, if there is no restraining order or reason for one, I think that you are in the wrong here regarding practices.

Physical custody makes you the provider of a home, not the unquestionable gatekeeper to contact and visitation from an appropriate parent who presumably shares legal custody.

As for consequences, he can file a contempt. Again, absent serious misbehavior, if you limit this contact on your own initiative, he should.

As to extracurricular fees, the man apparently pays Guidelines Child Support (you do not say anything different). That covers all extracurricular costs unless agreed by the parties or ordered by the Court.

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Answered on 12/18/08, 8:05 am

Re: visitation/practices for extra curricular activities

If you were to go into court and a judge were to hear that argument, there would likely be a court order modifying visitation and potentially custody. Physical custody means that the child LIVES with you, not that you can prohibit someone from attending a practice or game or school event, custody is not a control issue and if the court believes you are making it one, they will potentially change who has custody.

Look at it from the bright side... many divorced parents have a difficult time getting the other parent to maintain contacts with the child. Your child has the advantage of still having two parents in his life, even if they could not get along well enough to stay together. This is what the court wants and what all of the goals of the cstody and visitation laws are... that children should not be deprived of having their parents just because the parents couldn't stay married.

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Answered on 12/18/08, 9:05 am


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