Access to child's school records by Non-Custodial parent

[ma7575]

What sort of records are you trying to get? I ask because a LOT of parents assume that "school records" are a treasure trove of information, and they're really not. The school only has to release specific things under the title "records", and it's usually pretty dry, boring stuff that any parent who is involved with their child's education knows anyway.

And speaking of involvement, how involved have you been with the child's education and school? You have joint legal custody, but you don't even know if you're listed as a parent on the enrollment paperwork?

What is the time share that you have with Mom now? What is the possible future case entail?

I would rather not go into detail. I'm looking for a specific piece of paperwork that I know exists, through a very reliable third party. I have always been involved in daughter's education. Up until this point, mom and daughter have provided me with report cards, and both have kept me informed of daughter's school progress including parent-teacher conferences, etc. Over the last year or so, mom has been very secretive about daughter's school info and after speaking with the above mentioned third party, I know why. This particular document isn't related to educational info, but more to inaccurate information provided by mom to the school in order to deceive both them and myself.

 

[CJane]

Well... whatever this mysterious document/smoking gun might be, do you KNOW FOR CERTAIN that it's considered "school records"? There isn't some giant master file that has every piece of paper anyone ever filled out hiding in it. FERPA covers academic records. That's it. You do not have an inherent right to anything else that the school has on file. Not the enrollment paperwork, the medical information that Mom filled out upon enrollment, etc.

 

[Zigner]

I would rather not go into detail. I'm looking for a specific piece of paperwork that I know exists, through a very reliable third party. I have always been involved in daughter's education. Up until this point, mom and daughter have provided me with report cards, and both have kept me informed of daughter's school progress including parent-teacher conferences, etc. Over the last year or so, mom has been very secretive about daughter's school info and after speaking with the above mentioned third party, I know why. This particular document isn't related to educational info, but more to inaccurate information provided by mom to the school in order to deceive both them and myself.

To expand on what CJane said, it sounds like the document you are looking for is NOT going to be considered a part of the school records that the law requires they provide.

 

[ma7575]

Well... whatever this mysterious document/smoking gun might be, do you KNOW FOR CERTAIN that it's considered "school records"? There isn't some giant master file that has every piece of paper anyone ever filled out hiding in it. FERPA covers academic records. That's it. You do not have an inherent right to anything else that the school has on file. Not the enrollment paperwork, the medical information that Mom filled out upon enrollment, etc.

I guess it would be considered part of the enrollment paperwork, but that brings me to another question. If on the enrollment paperwork, mom is listing someone ELSE as our child's father, why would I not be entitled to this information since I am her father and I have joint legal custody? Mom is trying to get away with something she shouldn't be. This document is the proof I need to present if I need to take her to court.

 

[CJane]

I guess it would be considered part of the enrollment paperwork, but that brings me to another question. If on the enrollment paperwork, mom is listing someone ELSE as our child's father, why would I not be entitled to this information since I am her father and I have joint legal custody? Mom is trying to get away with something she shouldn't be. This document is the proof I need to present if I need to take her to court.

Because it's not part of her academic record, and that's all FERPA covers. Now, your COURT ORDER might cover other things, but we can't know that. AND, you can't force the school (a 3rd party) to comply with YOUR court order. IF there were an open court case, you could subpoena the enrollment documents.

Something else to consider - I just enrolled my kids in school in a different state than they'd lived in their whole lives. The paperwork at the old school asked for information regarding the parents. The new school requests information regarding the "custodial household" and "non-custodial household". So, at first glance, their paperwork would appear that their Step-Father is listed as their Father, when in fact, their father's information (and his wife's) is on a separate sheet of paper.

I don't think I explained that very well, but what I'm saying is that without context, or an ability to show some sort of nefarious intent on Mom's part, a piece of paper that you don't have access to isn't all that helpful.

 

[SESmama]

I get a phone call every time little dude's father asks for report cards, etc from the school. I tell them every single time he is fine and just give him whatever he asks for. So maybe, just maybe, the school is letting mom know that someone is asking about her child and it is just a head's up. If the school hasn't seen you before or you are not a regular face then they may just be CTCA.

 

[BL]

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html read here.

Contact the school district's personnel/office and complain , I bet you get the records you're entitled to.

Did you put your request to the school in writing ? If Not write clearly or type your request . Send it to both the school and CC: to the school districts office RRR Certified mail to each , keeping copies.

This is what I had to do.

If you do not have time before court date call the districts office and explain why you need the records you are entitled to right away, ask them to call the schools superintendent to release them to you.The school CAN set up a time to review them,and obtain copies.

 

[ma7575]

Because it's not part of her academic record, and that's all FERPA covers. Now, your COURT ORDER might cover other things, but we can't know that. AND, you can't force the school (a 3rd party) to comply with YOUR court order. IF there were an open court case, you could subpoena the enrollment documents.

Something else to consider - I just enrolled my kids in school in a different state than they'd lived in their whole lives. The paperwork at the old school asked for information regarding the parents. The new school requests information regarding the "custodial household" and "non-custodial household". So, at first glance, their paperwork would appear that their Step-Father is listed as their Father, when in fact, their father's information (and his wife's) is on a separate sheet of paper.

I don't think I explained that very well, but what I'm saying is that without context, or an ability to show some sort of nefarious intent on Mom's part, a piece of paper that you don't have access to isn't all that helpful.

Thank you, CJane, I understand what you're saying with regard to the paperwork. However, I'm pretty sure that's not the case here. The school treated me as though I didn't exist, which leads me to believe that I'm not listed anywhere in her records, whether it be as "custodial" or "non-custodial". There is DEFINITELY nefarious intent on Mom's part, and this piece of paperwork that she signed is the thing that proves it. I can't afford a lawyer, but I've spoken to one (free consult), and she advised me that this document is my "ace in the hole", if I were to take my ex to court, which is why I need it. I'm sure ex never thought that I would find out about it, which is why she did what she did. I was hoping to get the copy and use it as leverage with ex so I don't even have to take her to court, but it looks like the only way I can get it is if I file and then subpoena it.

 

[CJane]

The problem is, Dad probably isn't entitled to this particular document.

 

[BL]

I got a copy of the school registration form , noting a boyfriend as the father . Poster needs to request that also. Have his name removed and father's information noted.

 

[CJane]

Thank you, CJane, I understand what you're saying with regard to the paperwork. However, I'm pretty sure that's not the case here. The school treated me as though I didn't exist, which leads me to believe that I'm not listed anywhere in her records, whether it be as "custodial" or "non-custodial". There is DEFINITELY nefarious intent on Mom's part, and this piece of paperwork that she signed is the thing that proves it. I can't afford a lawyer, but I've spoken to one (free consult), and she advised me that this document is my "ace in the hole", if I were to take my ex to court, which is why I need it. I'm sure ex never thought that I would find out about it, which is why she did what she did. I was hoping to get the copy and use it as leverage with ex so I don't even have to take her to court, but it looks like the only way I can get it is if I file and then subpoena it.

I just want to caution you - after 10 years of litigation, and a few attorneys, and some pro-se work... there is NO SUCH THING as an "ace in the hole". Certainly not a single document that you may or may not ever see.

Perhaps if you could explain what you're trying to change wrt custody, we could offer more assistance/advice. If not, I'll just let that caution stand.

 

[stealth2]

I have to wonder- why does the school not know who you are?

 

[ma7575]

I got a copy of the school registration form , noting a boyfriend as the father . Poster needs to request that also. Have his name removed and father's information noted.

Although this isn't exactly what I'm looking for, it's something along those lines. I can't understand why I wouldn't be entitled to her registration info if I'm a legal parent and have proof of such. If that were the case, the custodial parent could just give whatever false info they wanted, and the non-custodial would have no recourse. And I do understand that nothing is an "ace in the hole", but the lawyer said that ex basically sunk herself by putting this particular thing in writing, and that I stood a much better than average chance of winning if we were to take it to court.

I will go to the school tomorrow with a written request and see where it gets me. Thank you all for your help.

 

[ma7575]

I have to wonder- why does the school not know who you are?

Because mom has always provided me with copies of school stuff (report cards, etc.), and has always kept me up to date on daughter's activities. Up until now, there was really no reason for me to request anything from them. I always assumed that I was listed as "dad" on her school forms because I had no reason to believe otherwise. Obviously, that was a mistake.

 

[Zigner]

Because mom has always provided me with copies of school stuff (report cards, etc.), and has always kept me up to date on daughter's activities. Up until now, there was really no reason for me to request anything from them. I always assumed that I was listed as "dad" on her school forms because I had no reason to believe otherwise. Obviously, that was a mistake.

Is your goal to get the information on your child's grades and activities, or is your goal to punish mom?