mother doesnt know when to stop

[foughtandwon]

ok now we are getting to make a little sence here
i have read th3e CO back and fourth and have it right here in front of me.
it does not specify sole legal. i guess i was ass-ume ing that sice the order said sole it covered both.


under best interest it says
"it is in ******* best intrest that ******* (me) have sole custody and primary physical custody with unsupervised parenting time with ****** (bm)

then on the last page is where it says

******** is awarded sole custody of ******** and******** is awarded resonable unsepervised parenting time as agreed to by the parties

i guess it can be beat to death either way but seeing how it originated as a CPS case i think she would have a heck of a time trying to get anything changed.

i am stil gonna meet with a lawyer localy and see what they say. i only have 5 months left at my curent station so i may wait till next summer since i know how long cort matters can take.

[foughtandwon]

hold on just found another part
guess you can never read these things to many times

ok
under
the wishes of the childs parents as to custody
it says
****** is seeking sole legal and physical custodyof his child *****
the mother ********* is also seeking sole legal and primary physical custody of the child
but at the very end it also says *****(bm) has also expressed a willingness to consider joint legal but with primary physical custody

so it would seem to me that with this said
and the statement at the end of this i would indeed have sole legal and primary physical custody (with her part of custody be visits)

[olanna]

He also states that CPS was involved and the accusations were brought about against him, as well. With the unsupervised parenting time afforded Mom, I am inclined to believe it was a bit of a tit for tat thing between both of them, and he has a primary residence type of custody with her as the visiting parent.

That being what my thought is, given the information he has provided, she has full and complete access to the child's school records, as well as medical records.

[olanna]

It can be such a circle jerk, can't it?  I literally had to contact the school photographer to pictures of my son..(this is the one from the east coast).

I get school info without problems, for other reasons.

;)

[jilly]

Yes he did...BM made a report to CPS during Christmas parenting time, which CPS could find no substantiation of her charges of emotional abuse so when that didn't work she took child to doctor and had him tell doctor that his Dad punched him in the stomach. Since he can't get the name and phone number of this doctor who knows if it's true or not. I can't remember if there's any mention of CPS talking to him about that accusation.  It most definitely is a tit for tat situation.

And I agree...the Mother does have full and comlete access to school/medical records now that there has been clarification about what CO says.  But by the same token, SHE should be giving HIM the name and phone number of the doctor that saw their son during her parenting time.  Tit for tat! LOL

[foughtandwon]

CPS did contact me after they investigated and closed the case
funny thing is the case worker ( the orginal one ) got a chance to see my son during this investigation and said he is so much better now then he was before.  that she only saw positve changes in his life.
so the case was noting more than the intial investigation
(and thats cause they have no choice, they have to investigate)
nothing further was done they saw him and closed the case.

I asked
cps what i could do to prevent her making reports everytime he visits, they said pretty much nothing but that it is a misdamenor to make false reports.

then talking to the original case worker she agreed that i shouldnt send him out tis summer because the BM was going to continue to make false reports, and fill his head with crap

i am really worried that she is so intent on getting him back that she would do anyting , even filling his head with lies.....
and that in my eyes is the true emotional abuse.


 

[SLYarnell]

Even with sole custody he cannot keep the mother from having access to school or medical records!  ONLY a court order can do that!

[Davy]

is the legal statue... and it is probably documented on SPARC.

In practice many school systems are socially engineered to deny a father with or without a mother telling them to do so.  Same with the medical records even when they want a father to pay for services.  

[joni]

a simple click will reveal the federal law.  sole custody does not exclude the other parent from getting information from the school or a doctor unless there's a court order that says the parent cannot have the information.

now, the mom in this case is wrong for not disclosing the doctor she took the child to....

FERPA Sec. 99.4  What are the rights of parents?

    An educational agency or institution shall give full rights under
the Act to either parent, unless the agency or institution has been
provided with evidence that there is a court order, State statute, or
legally binding document relating to such matters as divorce,
separation, or custody that specifically revokes these rights.

[lyonsden]

You need to check Federal and State statute. Where I live CP and NCP have rights to Medical/Educational records.

As for the school doing what it will, this is true in my case as well. My wife told the school that I was nto allowed to see my son, go to his classes, and they would not release any information about him or how he was doing in class. I made a quick phone call to the Local School Board told the Superintendant of Education what happened and advised him that what had transpired was illegal (gave him CFR # and state statute # made it real easy for they to find it and he corrected the problem and when my wife was told that they could not keep me from going to his class to see how he was doing, she blew her top infront of God only knows how many people.

foughtandwon- I you are on active duty you should get your son in school on post school. It's a different ball game on uncle sams truff adn it's geard to help YOU.

De Oppresso Libre- Been there don that.