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Messages - Imom

#21
First I usally do not reply but I do have first hand at this. I do not reply because my dh is a custodial parent and I am only a sm to ss. (4 bio), and I lurk on ALL of these boards to gather information from a NCP's side.

We were different though, we sent bm copies of reports cards, school work, calendars, etc. We did until this year. It had became a problem because bm second guessed everything. So dh just said fine you get your own copies/information directly from the school. There is no stipulation regarding these kinds of issues in the co, dh still sends bm a letter once a month regarding normal medical information and non regular school information (things like speech, tutoring if offered, etc then tells bm to follow up on the information if she would like.).

Okay.....this is what the FERPA states

Parent means a parent of a student and includes a natural parent, a
guardian, or an individual acting as a parent in the absence of a parent
or a guardian.

So this is where she (and I for that mater) gets away with this. I tried to find the site I found a while back that stated that a step-parent that lives with the custodial parent DOES have access to the records because they are ACTING as parent/guardian.

Don't get me wrong because I don't think that they should have asked her directly if you could have the records (even with my case).......but this is where they are and will be.

How do I know? Well because from day one Dh and I both have made sure bm was on all records that they are to release any information regarding ss to her. Bm complained once about them not giving her info but they do to me. I went to the school and tore them apart. I was told that bm has never called and if she did and if they had any question as to who she was or if they could give her info they would have called us. They even stated they would talk to me about this if dh was unavailable as even though dh & bm  have custody I was still acting as a parent/guardian as a sm who live with the custodial parent and they showed me the FERPA and respones from there attorneys regarding step-parents, web sites to visit, etc.

This could have simply happened here, they got your email and maybe wanted to make sure that you was the ncp. Yet, some schools still think they need the cp permission. My short answer they are covered as long as they provided you with access to the records and over covered to provide you with copies. If you read the FERPA they don't even have to copy them unless this is the only way you can see them, and this would be hard to prove, just because you live far away you can get there to see them. They can charge you copying fees if they do copy them.

But I would next time send one of the letters from this site to the school. Go to the articles and look up access to your child's school record. Use the one where is states about the ferderal law (FERPA) and state laws and that they do not need anyone's permission to give you the records. Send them a copy of your id and co.

I do see your point so don't get me wrong here. BUT on another note I also learned that step-parents are not allowed to sign records/forms with out a power of attorney. So make sure you check on that too. It may be different in your (kids) state?
#22
Dear Socrateaser / RE: CS in NC...A twist of fate
Jul 08, 2007, 02:05:34 PM
DH finally got the bais thrown at him..

Long story short..there was no cs/ins ordered in the original agreement. An issue came up about ins last summer (bm has summer time. DH filed for 50/50 of out of pocket expense for medical and school in lieu of CS. (to help make sure ss got his asthma meds during the summer)

GUESS WHAT her attorney and the judge stated that dh can not get cs even though he has ss 75% of the year. They were not even keen on the idea of spliting the cost.

Now the judge did order mom to obtain the meds and give them to ss? So we can't say he lost either!!!
#23
Dear Socrateaser / RE: subpoena duces tecum ?!?!
Jul 06, 2007, 06:46:11 AM
Correct..

We had to serve these on my ss's doctors. We found out said they had to send them certified to the Court or appear? But when Soc was on here I kinda got the feeling that we could have asked for them to be sent to us (we already had copies). So to be safe so the ex can not say he did/she did not send them I would have him/her send them certified to the court as well.
#24
Dear Socrateaser / What to file?
Apr 04, 2007, 12:04:43 PM
I filed a motion for custody and counseling and for child-support.

My ex and I have signed a stipulated agreement that settles all matters of custody and counselinng, he wants the court to address child support we both are pro se.

There has not been a date set as I called today. I am at a loss as what to file? We want to ask that the court adopt and order the stipulated agreement but still need to address the cs modification...

1. What would be a proper title for this motion?
#25
Dear Socrateaser / What to file?
Apr 04, 2007, 12:04:43 PM
I filed a motion for custody and counseling and for child-support.

My ex and I have signed a stipulated agreement that settles all matters of custody and counselinng, he wants the court to address child support we both are pro se.

There has not been a date set as I called today. I am at a loss as what to file? We want to ask that the court adopt and order the stipulated agreement but still need to address the cs modification...

1. What would be a proper title for this motion?
#26
Dear Socrateaser / RE: Can I ask at this point?
Mar 25, 2007, 07:24:34 PM
The father is refusing me any contact. The police have done a check and my son denies stating that we would kill himself.
#27
Dear Socrateaser / Can I ask at this point?
Mar 22, 2007, 11:07:34 AM


I filed for Custody of my child (age 9) Tuesday since then my ex has threatened to leave the state with the child. So I am filing a motion to restrain him.

The issue I am having is in 2005 as we were divorcing we jointly sought psychiatric and therapeutic counseling for the minor child  after years of exulting behavior that included, but not limited to, un-controlling outburst, behavior, stealing, terrorizing other people/children and homicidal threats. (which is all stated in the record)

Our son went to about 5 visits, during that time he moved in with my mother and was doing well, when the therapist stated the child should remain with my mother my ex removed him. Our son had only continued to get worse, when we were told by the therapist he needed in-treatment my ex would not allow any further visits.

So he has gotten in trouble at school to the police. This year the school required we seek treatment and my ex and I with child went a few weeks ago but my ex failed to show at the follow up.

I find out today that he does not plan to take him back because I "talked" to the therapist behind his back.  We do have joint legal.

I asked for an enforcement of the therapy in my motion for custody but I did not ask for a Temp. Order because I didn't think my ex would pull the child out as the school was involved this time.  Today our child states he was going to kill himself.

1. Can I go ahead and ask for a Temp. Order for the therapy due to the fact the father stated today that he will not be taking him back and the child stated he is going to kill himself?

2. If so can I ask for it in the same motion asking to the restraining order or should I file two separate motions.
#28
Dear Socrateaser / DENIED
Feb 28, 2007, 12:18:32 PM
I assume that what this means???

Today I recieved a copy of my motion I filed and in the right hand corner it states WTC: Denied 2/26/07....
#29
>1. Would it help me if I ordered the transcript for that
>hearing and point out that the judge strongly suggested the
>use of email if they object?

>Couldn't hurt, but email must be authenticated as being what it is >purported to be, regardless of what a prior judge may have ordered.

1. How can that be done?

2. Although I would rather not, should I also file for an in-camera interview for our child (some issues that have been raised are by his statements)?

3. Can I transcribe a voicemail message? or must it be done by someone else? (its less then a min but proves my ex being negitive towards me and talking with the minor child about the hearing.)
#30
I may have another problem. At our hearing in 05 my ex made a big deal about my use of certified mail. The judge did not Order the use of email but strongly suggested it. This all should very well be in the transcript. I have a feeling since my ex has obtained an attorney she will try to have the few emails I have thrown out...

1. Would it help me if I ordered the transcript for that hearing and point out that the judge strongly suggested the use of email if they object?

2. >So, move to shorten time, on grounds that you were never served >the motion for continuance, and because you have reasonable proof of >a concern for the child's health, evidenced by the physician's records.

 What would be a proper title of this motion?? Would this be an emergency motion?