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Here's a toughie????

Started by stepma, Nov 18, 2004, 01:54:41 PM

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stepma

On our recent visit to ss we went to his school to give my DH's info so we could start receiving report cards, school pic order form, etc... The school informed us that he no longer attended and found out which school bio mom had transferred him to for us. We went to that school and spoke to teacher and administration and asked for imortant info to be sent. We also sent a letter to bio mom stating that we needed to know which school he had been transferred to so we could give them this info even though we already knew..... (document, document, document). Bio mom sends a letter back stating that "decree does not state she is to inform us of anything, but in the spirit of keeping us informed she will send his next report card when she gets it and we can get the info from that". Today my DH called school and spoke directly with teacher wondering why we haven't recieved anything, the teacher informed my dh that bio mom gave her a copy of the decree which states " school shall communicate to husband through wife" so NO the school will NOT send us anything. Bio mom does not send anything to us and dh would rather deal with school. I NEED HELP???? Does that really mean the school doesn't have to send us anything?

spinner

You know, in my state, minnesota, I was reading the other day I forgot which statute , ..... Apendix A or B I forgot that both parents have rights, .....

If I'd be you, I'd find such status to base myself on then do a really official letter, sent certified return receipt, on the bottom CC: attorney whatever (even if you don't have one who cares).

Some kind of official letter that pursuant to statute blabla and considering that blabla (stay short and simple) you expresly request that the school record be sent to you as well, ....

Also make a paragraph requesting that unless you receive letter answering request by date blabla that you willl take this non answer as their express request for you to file whatever charges with the board of education, .....

this way it forces them to answer.
From there I would not hesitate taking it to the board of education and filing every complaint you need to whom ever.

Education don't want bad publicity, ....

joni


I think you're screwed.  Long story short, FERPA, which is the federal law addressing this, loosely says, a parent has the right to access the school records of their child [bold] unless there's a court order prohibiting them from having this information[/bold].

Your court order says "school shall communicate to husband through wife".  To me, that's a court order specifically prohibiting you  from directly accessing the information.

Looks like you're going back to court.  Scutinize the most recent order and clear up any more ambiguities at the same time.

MixedBag

I have to agree with joni if THAT's what his divorce decree says.

However, I have an idea.

First check your state's laws to see what it says in there about parents having access to children's records and stuff.

Then see WHAT the date is of that law and compare it to the date of the decree.  This worked for me.....like this:

In my divorce decree it basically says that we have to inform each other when we take our son to the doctor in case of emergencies.  But the state's law says that we have to inform each other in a reasonable amount of time anytime we take our son to the doctor.

My complaint was that my EX doesn't tell me he (or actually fake-wife) has taken our son to the doctor, period.  Skip the "reasonable amount of time" his interpretation was that he didn't have to tell me period.

The judge basically said "Well, your order says emergencies, so he's not in contempt."

At the end of the hearing, I asked the judge how I was supposed to put our divorce decree together with the law when the law was MORE RECENT and MORE SPECIFIC than our decree?  He said something like "Well, maybe you're right and I'm sure that EX will tell you from now on when your son has been taken to the doctor."

So....how old is the decree and how old is the law and does the law give him rights?

Otherwise, the decree is the problem.

MYSONSDAD

Joni is right, if it is in your decree, you might be blocked. Here is the State Statues, State by State.

1. access3.htm
Access To School and Medical Records State Statutes - OH Through WY and DC Access To School and Medical Records State Statutes - OH Through WY and DC Return To State Index Page Return To Articles...
URL: http://www.deltabravo.net/custody/access3.htm - size 57kb - 21 Oct 2003
2. Access To School and Medical Records - State Statutes - LOUISIANA Through NORTH DAKOTA
This page contains information on accessing your child's school and medical records, including a list of State Statutes related to accessing school and medical records.
URL: http://www.deltabravo.net/custody/access2.htm - size 80kb - 20 Oct 2003
3. Access To School and Medical Records - State Statutes - ALABAMA Through KENTUCKY
This page contains information on accessing your child's school and medical records, including a list of State Statutes related to accessing school and medical records.
URL: http://www.deltabravo.net/custody/access1.htm - size 29kb - 20 Oct 2003

mango

>>Bio mom does not send anything to us and dh would rather deal with school.<<

If she is not giving you the info then send her a letter stating that you have not received school grade card, and school info, etc. List out what  you have not gotten IPR's, school pictures, etc. and that she is in contempt.