School Records

[gw]

MN Court Order states that I pay child support until the child graduates high school or turns 20.  Order also states that I have the right to school information.

Daughter turned 18 in August but is a senior in high school this year.  Five days after her 18th birthday she was withdrawn from her high school to attend school in another district.

The Child Support Office and custodial parent will not inform me of where my daughter is going to school.  They say she has a right to her privacy even though I am paying support.  

Is it true that I don't have the right to school information since she is 18?

Thanks.

[socrateaser]

Post the text of your order on this issue.

[gw]

Form 3 Appendix A (attached to Order)

IV.  Parental Rights From MN Statutes, Section 518.17, Subdivision 3.  Unless Otherwise Provided By The Court:

A.  Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children.  Each party has the right of access to information regarding the health or dental insurance available to the minor children.  Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.

B.  Each party shall keep the other informed as to the name and address of the school of attendance of the minor children.  Each party has the right to be informed by school officials about the children's welfare, educational progress and status and to attend school and parent-teacher conferences.  The school is not required to hold a separate conference for each party.

C.  In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness and the name of the health care provider and the place of treatment.

D.  Each party has the right of reasonable access and telephone contact with the minor children.

Thanks again for the help.

[socrateaser]

The quoted statute/order speaks of "minor children." The question is, under MN law, is an 18 year old child still a minor?

I don't have time to research this question, however, it may be answered in the same part of the MN statutes where the text of your order was lifted. There is probably a "definitions" section. If not, then you'll have to keep searching. In some jurisdictions, such as CA, a child is an adult on his/her 18th Bday, and there are no exceptions, except for incapacity (serious mental/physical illness).

In other States, such as NY, the law is extremely flexible. An NY 18 year old can be an adult or a child, and can shift between adult and child status, depending upon the facts and circumstances.

Maybe some of the other posters will be able to help you search.

My bet is that the child is an adult, and the text of your order no longer applies. If so, and you need access to info, then you will either need the child's permission, or a court order granting you access.

[gw]

I found an age definition for "child" but not an age definition for "minor".

Do I need to keep looking or does this definition cover what I need:


Minnesota Statutes 2004, Table of Chapters

Table of contents for Chapter 518


     518.54 Definitions.

    Subdivision 1.    Terms.  For the purposes of sections
 518.54 to 518.66, the terms defined in this section shall have
 the meanings respectively ascribed to them.

    Subd. 2.    Child.  "Child" means an individual under 18
 years of age, an individual under age 20 who is still attending
 secondary school, or an individual who, by reason of physical or
 mental condition, is incapable of self-support.



>The quoted statute/order speaks of "minor children." The
>question is, under MN law, is an 18 year old child still a
>minor?
>

[socrateaser]

>I found an age definition for "child" but not an age
>definition for "minor".
>
>Do I need to keep looking or does this definition cover what I
>need:
>
>
>Minnesota Statutes 2004, Table of Chapters
>
>Table of contents for Chapter 518
>
>
>     518.54 Definitions.
>
>    Subdivision 1.    Terms.  For the purposes of sections
> 518.54 to 518.66, the terms defined in this section shall
>have
> the meanings respectively ascribed to them.
>
>    Subd. 2.    Child.  "Child" means an individual under 18
> years of age, an individual under age 20 who is still
>attending
> secondary school, or an individual who, by reason of physical
>or
> mental condition, is incapable of self-support.
>
>
>
>>The quoted statute/order speaks of "minor children." The
>>question is, under MN law, is an 18 year old child still a
>>minor?

I think your research is exactly what you need. The fact that your child is still attending secondary school appears to give you the right to the school records until the child is 21.