No contact with kids' counselor

[benferno]

     

I am a non-custodial parent. My kids have recently started at a new school and I made an appointment to meet and speak with their new guidance counselor. After barely beginning our conversation, the principal came and ordered the counselor to not say another word and that our conversation was completely over.

The principal stated that the children's mother had sent court papers showing that she had primary residential custody, and that the mother has forbidden all contact between me (the father) and the children's teachers and guidance counselor.

The court papers specifically state "the children are to be placed with the mother.  The father shall have reasonable rights to visitation."  and nothing else regarding custody.  We also have seperate order establishing the standard visitation schedule here in Utah.

I am also told that I am not allowed to take the kids to private counseling during my visitation time without the mother's written consent.

I have heard that i have federally protected rights to interact with the childrens' teachers and counselors'.

I am aware of my right to written records under FERPA.

1.  What is the statute that protects my rights to speak to the kids' teachers and counselors?

2.  What are my rights to have the children in cousneling or therapy during my visitation time.
 

[socrateaser]

>The court papers specifically state "the children are to be
>placed with the mother.  The father shall have reasonable
>rights to visitation."  and nothing else regarding custody.
>We also have seperate order establishing the standard
>visitation schedule here in Utah.

You first stated that the mother has "primary physical custody," which implies that you have "secondary physical custody." You then post the text of the order, which contradicts your first statement.

Based on your posted orders, you have no custodial rights -- you have only visitation rights. Visitation is a non-delegable license to "visit" your children. It provides no other rights, unless specifically ordered by the court. Therefore, you have no right to discuss anything with the counselor regarding your child, and you have no right to obtain any healthcare for the child, except in urgent circumstances.

I don't know why your order is so restrictive, but it is, so you're stuck unless you can get it changed or clarified.

Custodial rights, btw, provide authority to exercise decision making power over your children, while lawfully in your care, and to delegate that power as you deem necessary. But, as I said, your orders appear to grant you no custody rights, which makes you a mere "visitor" in your children's lives.

>1.  What is the statute that protects my rights to speak to
>the kids' teachers and counselors?

There isn't any. Based on the orders you posted, you have the right, under FERPA, to obtain a copy of your child's educational records from a public school on request, and that's the limit of the right, except via subpeona or court order.

>2.  What are my rights to have the children in cousneling or
>therapy during my visitation time.

Based on the order you posted, you have no right to have your kids in counseling, as explained above.

There may be some other rights granted you under UT law, but I don't know UT family law specifics, so I cannot advise you. For that, you will need to talk to a UT attorney.

[benferno]

thank you.

[benferno]

     

I am a non-custodial parent. My kids have recently started at a new school and I made an appointment to meet and speak with their new guidance counselor. After barely beginning our conversation, the principal came and ordered the counselor to not say another word and that our conversation was completely over.

The principal stated that the children's mother had sent court papers showing that she had primary residential custody, and that the mother has forbidden all contact between me (the father) and the children's teachers and guidance counselor.

The court papers specifically state "the children are to be placed with the mother.  The father shall have reasonable rights to visitation."  and nothing else regarding custody.  We also have seperate order establishing the standard visitation schedule here in Utah.

I am also told that I am not allowed to take the kids to private counseling during my visitation time without the mother's written consent.

I have heard that i have federally protected rights to interact with the childrens' teachers and counselors'.

I am aware of my right to written records under FERPA.

1.  What is the statute that protects my rights to speak to the kids' teachers and counselors?

2.  What are my rights to have the children in cousneling or therapy during my visitation time.
 

[socrateaser]

>The court papers specifically state "the children are to be
>placed with the mother.  The father shall have reasonable
>rights to visitation."  and nothing else regarding custody.
>We also have seperate order establishing the standard
>visitation schedule here in Utah.

You first stated that the mother has "primary physical custody," which implies that you have "secondary physical custody." You then post the text of the order, which contradicts your first statement.

Based on your posted orders, you have no custodial rights -- you have only visitation rights. Visitation is a non-delegable license to "visit" your children. It provides no other rights, unless specifically ordered by the court. Therefore, you have no right to discuss anything with the counselor regarding your child, and you have no right to obtain any healthcare for the child, except in urgent circumstances.

I don't know why your order is so restrictive, but it is, so you're stuck unless you can get it changed or clarified.

Custodial rights, btw, provide authority to exercise decision making power over your children, while lawfully in your care, and to delegate that power as you deem necessary. But, as I said, your orders appear to grant you no custody rights, which makes you a mere "visitor" in your children's lives.

>1.  What is the statute that protects my rights to speak to
>the kids' teachers and counselors?

There isn't any. Based on the orders you posted, you have the right, under FERPA, to obtain a copy of your child's educational records from a public school on request, and that's the limit of the right, except via subpeona or court order.

>2.  What are my rights to have the children in cousneling or
>therapy during my visitation time.

Based on the order you posted, you have no right to have your kids in counseling, as explained above.

There may be some other rights granted you under UT law, but I don't know UT family law specifics, so I cannot advise you. For that, you will need to talk to a UT attorney.

[benferno]

thank you.