It’s the Kid’s Time NOT Yours: Podcast Episode

On this episode of Lawfully Ever After, we’re diving into the world of children’s activities and their impact on custody arrangements. Extracurricular activities—be it soccer, baseball, dance, expensive sports like hockey, or even horseback riding—are more than just hobbies; they are integral to custody discussions. These aren’t just activities; they’re also about physical and legal custody.

Many parents, during custody consultations, express desires for equal or primary custody, often phrased as “wanting the kids more”. However, the choice of physical custody shouldn’t impact a child’s participation in activities. It seems straightforward—why wouldn’t you want your child to be involved in their activities?

Conflicts arise when one parent agrees, while the other refuses without substantial reasons, often citing it interferes with ‘their time’. This is not just inconvenient; it’s a red flag. Courts generally support the child’s right to engage in activities, emphasizing that a parent’s convenience should not obstruct a child’s involvement in enriching activities.

Take this scenario as an example: A child, already playing recreational baseball, gets an invitation to join a travel team for six weeks. While one parent views it as a fantastic opportunity for the child’s growth, the other hesitates or outright refuses, providing unsatisfactory reasons. Such situations might even lead to litigation, underscoring the sometimes contentious nature of co-parenting.

Custody discussions should prioritize the child’s well-being and interests over parental convenience. If activities are being contested without reasonable cause, it might reflect poorly on the objecting parent in legal contexts. Parents should encourage their children’s activities unless logistically or financially impractical, always aiming to act in the best interest of the child rather than out of spite or inconvenience.

In custody and child support contexts, maintaining a child’s standard of living and activity level is crucial, even post-divorce. Establishing a norm of involvement in sports and other activities can influence court decisions regarding both custody and financial support. Therefore, parents should approach these decisions collaboratively and with a clear focus on the child’s needs, setting aside personal grievances to foster a supportive environment for their children.