My question involves a child custody case from the State of: MI
My son's mother has engaged an attorney requesting that I sign a fairly broad waiver stating that I take ALL financial responsibility for current costs and future costs (including any injuries, disorders, etc...) in exchange for letting him participate in a sport she disagrees with. I am reluctant to sign because: 1. Her objections to the sport really make no sense given other sports she has agreed to, 2. What if something horrible really happened? this waiver would completely eliminate any financial impact to her. 3. Notwithstanding her unreasonable objections (most of which I can show to be not valid), this is really just about control, exerting some sort of control over something that she objects to.
My son is 16, not in trouble, very respectful. He is struggling somewhat in school, (Bs and Cs), and regularly misses assignments. I have already agreed to make this a condition of participation, and have already held him out of practices for this and other sports when he misses more than an occasional homework assignment.
She has let him participate for the last 2 weeks, but now has sent me a formal document from her lawyer, and is threatening legal action if I don't sign it.
What will the court do for this older child situation? He really wants to participate, his reasoning is sound, the risks are no greater than other sports that she supports. I can only find examples of younger children where the courts will not force a parent to engage in activities during their parenting time if they do not agree or approve. We live in the same town, we share custody 1/2 time, legal and physical, and our agreement is silent on this issue, only saying we must communicate and inform.
1. Will the court force her to let an older child participate during her parenting time? (every other week) I don't really think so based on what I read.
2. Will the court force me to sign a document like this (I have already agreed to cover participation costs and take him to meets, even during her time).
In the end, what is the grounds for legal action? Won't it just come down to her having to make a choice over whether she allows him to participate during her weeks, and then living with the ramifications of not letting an almost-17 year old choose his own activities?
Would the court order (or should I suggest to her attorney) mediation? Should it be binding?
My son just wants to participate in an activity he finds interesting, have another group of friends, and build strength and stamina for his core sport next season.