Poll
Question:
What do I use to get court order
Option 1: injunction
votes: 0
Option 2: motion
votes: 1
Need Court to Order School to Comply. School refuses & refers me to their lawyer (who says FERPA/state code doesn't apply & )whorefuses my getting preschool records/invites to school. To do this use via court, do I use injunction, motion, what?
In my state, if you already have an order, you could file a modification to existing order to add: father requests that the courts order him full access to all school, medical, dental records including public, private and pre-school as custodial parent is refusing access to child's pre-school records and activities.
If you have joint legal custody, write a letter "up the chain" and respectfully ask for copies.
Go as high as the state board of education if you must....
That should work.
HOWEVER, if the school is a private one....while it's wrong, you might be out of luck.
You must have joint custody -- and be dealing with a public school.
Thanks for the prompt reply. My state specifically says NCP has access. I'm not sure why public must do things one way and private are allowed to do it another way. How are children treated differently based on who pays for the school...kids are not cattle :(
still looking for how to do this - by motion, etc. i see others have issued 'lawsuits' against schools in state courts. but i'm not sure how that starts.
(i.e. - ad hoc "Motion to Compel etc etc", "Petition for whatever", etc.)
work outside the family court system and write a letter UP the schools' chain of command....
I had to do that -- and it worked so much better than to run to family court -- when the SCHOOL isn't complying and they are not a party to family court.
Joint Custody?
Public School?
Use the letter here at the site.
From the suffix MD I would assume you are in the state of Maryland. Per Maryland Law ยง 9-104 (2012) "
nless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child."
This applies to public and private institutions. If you still get dicked around file a Motion to Compel documents.
The problem is that he is trying to get access to PRE- school records. Not really covered by the law. If he wants access to that, he would probably need a court order specific to those records.