School & Medical records, secrecy!

[Ref]

FERPA does apply to school and medical records.

I am getting a feeling that there is more to this story then what is being presented. How many times have you gone to court with your ex? You said 15 shark attornies, does this mean 15 times to court?

Why have you not seen your kids more in 6 years? Is is because of the outcomes of a court case?

My advice to you, if you truely have clean hands, is to hire an attorney to write to the school and the doctor on you behalf. This is usually pretty effective and cheaper than pulling out the stops of a lawsuit. Worse come to worse, you will have documented by your attorney your attempt at access and that will prove to be good evidence.

I would also have the attorney write to your ex. I would have him state that she is to provide you with the information as stated in your decree and she is to allow access to your children as stated in your decree.

I also wanted to say that I am not sure why you are saying GALs are gay. I know you are trying to be disparaging and I find that offensive. It seems you are trying to say that they are not good at what they do because they are gay. I can tell you as a daughter of a gay man, that he was more level headed and fair as a parent then my mother who is straight. I know many gay people who care for families just as much as any straight person and none of them are unfair or uncaring because of their sexuality.

Take care,
Ref

[wysiwyg]

It is my understsanding the FERPA only applies to public school and not any private institution, unless they receive federal funding in addition to their tuition.  

We went this route and found out that BM had lied to the school and did not list dad as a parent on the school forms, this prohibited Dad getting any info or beingin involved with any school activity since he was not on any school record.  Eventually the court found BM in contempt for providing false information to the school, and yet she did the same thing the very next year!  Anyway, in the interim of this contempt charge, we subpoenad the school records from the school districts attorney adn the reply was that the forms we requested were forms that either parent had access and a right to upon request.  MIght be you askt he school districts attorney to hep with your requests.

[mishelle2]

WHAT STATE ARE YOU IN?

my sd mother attempted this.. she listed her boyfriend as sd father, school refused to give us any info, so we contacted superintendent, said we would fax copies of court order stating joint legal custody, and then cited ferpa, we also cited the state law, like according to florida state staute etc.. we also asked if they did not believe our assesment was correct to please have the school district atty contact us and tell us which statute they are operating under. We are in CA bm is in FL so we have 3000 miles between us.

that worked, we even got an apology letter from superintendent

[chaplaink]

ref,  (sorry, I am new and thought I was on a Fathers only forum)

I do apologize if u take in personal regarding the fact that in ny, the Lawyers-the Judges, even in the appellate division Justices all belong to a group called LeGAL.  That is thier choice and I do not hold it against them. But that is the way it is here.
 What I do find is a problem when they work together to deprive (people) me a man in this case our fundemental "liberty interests" to be involved in our children's lives via terrible decisions (in my case).
  My only thought for many years now as to why? Is answered by this affilliation, which me and others are currently seeking a Federal RICOH suit against, they perform like a private cabal here in NY
  In my case the beforementioned are TERRIBLE at what they do, and should be removed, as they are terrbly biased against straight men, and have no clue whatsoever regarding children, and thier basic needs.
Yes I do have gay friends, and some of them are the best and brightest people I know,  but that is not the issue.
I have been outlawyed 15 to zero, as I am not a lawyer, and getting slayed in the process (I believe), others in the know, say I have done remarkably well considering the sharks & S.B.'s opposing me, charging $500.00 per hour.  The only reason I have held my own is simple I AM RIGHT! And have squeeky CLEAN hands.  I AM a CHAPLAIN, F.D. and FEMA.
I will take some of the advise offered re: records but would like to know for shure if FERPA covers private practice doctors, I read it and do not think it applies.  My main thrust here is to find out how to compel both Dr.'s and Schools to provide stipulated records without filing multiple suit like some nut. I do not want to deal with attorneys, ever.

[Ref]

http://www.deltabravo.net/custody/access2.php#NY

This is a link to information on medical records request.

You should also readup on the articles section on the home page. There is some good info on being pro se.  Chances are you already made an impression on the judge after 15 times in court.

I really believe that sometimes you should give up the "good fight" and hire a lawyer. You may be right, but what does that get you? 15 losses. There is more to court than being right. You need to present your information in a specific way, know how to file and have a relationship (unfortunately) with the judge. That is why attornies can help.

Also, a letter from a lawyer (cost you about $100) gets their attention. It will be a more efficient way to deal with this.

I guess it boils down to, do you care more about seeing your kids and making sure they are cared for OR being right and not consulting an attorney?

I'm not being mean, I'm just trying to say that you tried it one way 15 times and got a bad result. Why would you continue?

As far as this board goes, it is primarily for Dads but it also has some SM's that have been in the struggle for some time on it. Many of us SM are the right hand of our DH and know more about the law then they do. many of us have a second career as their personal legal secretary (probono). I'm not sure why that changes anything but we are all fighting the same fight, so we are cool.

Good Luck
Ref

[chaplaink]

Ref
Not 15 court appearance more like a hundred, me solo v. 15 frims as my ex is actually a "malicious Mother" & "obessive alienator" at a minimum, she also has a great many other issues all dating back to her early menopause where she literally "talked to dead people".
The money spent on an overabundance of opposition counsel has been to conceal these conditions, as there has never been forensics, not 1(one) hearing on my case since I filed 6 yrs. ago.

Getting my childrens records is simply a baby step in that direction as hopefully this case shall be heard, someday, if I can find a  desent court, and a Honest Judge whom is not biased, and gives a pro-se litigant some respect, as opposed to being told to shut up for years, directly and indirectly.  As far as hiring a attorney for $100.00 for letter writting, not in this area.  Minimum retainer for anything is 10k.  Understand divorce here is a HUGE BUSINESS, with everybody raking in the big bucks, even the judges, as some have been caught, then slapped on the wrist, no jail time for fixing divorce cases, as they police themselves, what a crock!

I do not know where u r, but be happy it was not here, NYC Supreme Court and Family Court is a CORRUPT, NASTY, SEWER, Not an Institution to be proud of, where nice people always finish last, and the children worse. And the Attorneys here are complete S.B.'s, lying in court (perjury), removing papers, faking service, commiting fraud, and yes they get away with it as: they police themselves.

Just a BAD system, for GOOD people...maybe I should join them and get somewhere for a change. lol, but I would do better if I could behave the way they do.  Wish I had it in me.

I am still looking for ways to get school and medical records without a attorney, any IDEAS?
Thank you, sorry for the rant.
Ken

[HelpingHands]

The only way you are going to get  different results is do something different.

Have you posted to Socrateaser yet? Perhaps he'd be willing to help draft a letter? Maybe a paralegal in your area would?

Absent all of  the other advice : Drive down to their school  and slap your court order in front of them. And the same for the dr records. Yes, I understand there's a long distance involved, but if you want results you've got to do things you haven't done yet.

Make yourself known to the school, to the drs to everyone. If they realize you ARE in your children's lives, then they won't treat you as the stranger you are.