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  1. #1
    mom of 7 is offline Junior Member
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    Question Father's rights are suspended and..

    What is the name of your state (only U.S. law)? MI
    My ex-husbands rights have been suspended by the court until he follows a whole bunch of recommendations and takes me back to court to have his rights re-established. I want to know if he is allowed to show up at my child's school whenever he wants to? Lately 2x in the last week he has shown up to the school and I want to know if he's allowed to do this since he has No Parental Rights? I have sole physical and legal custody of the children.
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by mom of 7 View Post
    What is the name of your state (only U.S. law)? MI
    My ex-husbands rights have been suspended by the court until he follows a whole bunch of recommendations and takes me back to court to have his rights re-established. I want to know if he is allowed to show up at my child's school whenever he wants to? Lately 2x in the last week he has shown up to the school and I want to know if he's allowed to do this since he has No Parental Rights? I have sole physical and legal custody of the children.
    does the school have a copy of the custody papers? since the school may not actually have the authority to restrict dad, you should get a restraining order on dad through the family courts.
  3. #3
    mom of 7 is offline Junior Member
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    Yep the school has copies of all the papers in each one of my kid's files and they know his rights are suspended. I talk to the principal on a regular basis to stay informed but they are unsure of how to handle it and what to do they've never dealt with suspended rights before and I believe they are scared and intimated by my ex..most people are. he has tried taking me back to court but each time the judge continues the suspension and adds in more for him to do so now he's trying to go around the system.
  4. #4
    Isis1 is offline Senior Member
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    Quote Originally Posted by mom of 7 View Post
    Yep the school has copies of all the papers in each one of my kid's files and they know his rights are suspended. I talk to the principal on a regular basis to stay informed but they are unsure of how to handle it and what to do they've never dealt with suspended rights before and I believe they are scared and intimated by my ex..most people are. he has tried taking me back to court but each time the judge continues the suspension and adds in more for him to do so now he's trying to go around the system.
    you need to file a restraining order that prohibits dad from contacting this kids at school. this way, the school is covered. the school does not have the right or authority to restrict dad. there's a link on deltabravo.net that educates dads on their rights to access their children and children's records which is all fine and dandy, but in your case, you need that restraining order to specify the school so the school can act appropriately.
  5. #5
    Humusluvr is offline Senior Member
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    Quote Originally Posted by mom of 7 View Post
    Yep the school has copies of all the papers in each one of my kid's files and they know his rights are suspended. I talk to the principal on a regular basis to stay informed but they are unsure of how to handle it and what to do they've never dealt with suspended rights before and I believe they are scared and intimated by my ex..most people are. he has tried taking me back to court but each time the judge continues the suspension and adds in more for him to do so now he's trying to go around the system.
    Suggest that the principal bring the matter to the attention of the superintendent, and that they consult their lawyer to make sure they don't do something illegal. Remind the school that the last thing they want is to break the law and get sued. I can't believe they would be so lazy as to open themselves up to a lawsuit if the child gets injured by a parent whose rights have been suspended.
  6. #6
    OhReally? is offline Member
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    Quote Originally Posted by mom of 7 View Post
    Yep the school has copies of all the papers in each one of my kid's files and they know his rights are suspended. I talk to the principal on a regular basis to stay informed but they are unsure of how to handle it and what to do they've never dealt with suspended rights before and I believe they are scared and intimated by my ex..most people are. he has tried taking me back to court but each time the judge continues the suspension and adds in more for him to do so now he's trying to go around the system.
    Just to seek clarification -- ALL of his parental rights are suspended or simply his visitation rights? Too many people say that one's "rights" are suspended (meaning everything), when essentially it's only their visitation rights. What does the order specify? Please clarify because visitation rights being suspended does NOT mean parental rights.

    (eta add clarification)
    Last edited by OhReally?; 11-10-2008 at 01:50 PM.
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Humusluvr View Post
    Suggest that the principal bring the matter to the attention of the superintendent, and that they consult their lawyer to make sure they don't do something illegal. Remind the school that the last thing they want is to break the law and get sued. I can't believe they would be so lazy as to open themselves up to a lawsuit if the child gets injured by a parent whose rights have been suspended.
    Actually the school would NOT be responsible for a parent's actions. Isabella is actually right on this -- mom needs to get a restraining order prohibiting dad from being anywhere near the child.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    mom of 7 is offline Junior Member
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    Quote Originally Posted by OhReally? View Post
    Just to seek clarification -- ALL of his parental rights are suspended or simply his visitation rights? Too many people say that one's "rights" are suspended (meaning everything), when essentially it's only their visitation rights. What does the order specify? Please clarify because visitation rights being suspended does NOT mean parental rights.

    (eta add clarification)
    It says All Parental Rights Are Suspended until he goes to substance abuse classes and graduates from them and gets a psych evaluation and complies with all their recommendations and has a therapist state in writing that he is no harm or threat to his children. When he does all that he can apply to have his rights re-established, but I know he's not going to do any of it because back in April '08 CPS told him to go to alcohol treatment and he never did.He told me he can't do those things cuz it'll ruin his military status.LOL
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by mom of 7 View Post
    It says All Parental Rights Are Suspended until he goes to substance abuse classes and graduates from them and gets a psych evaluation and complies with all their recommendations and has a therapist state in writing that he is no harm or threat to his children. When he does all that he can apply to have his rights re-established, but I know he's not going to do any of it because back in April '08 CPS told him to go to alcohol treatment and he never did.He told me he can't do those things cuz it'll ruin his military status.LOL
    If the words "all parental rights are suspended" are what was included in the order, then that would also suspend his right to access of the children and their school records, at school.

    Mom needs to put some pressure on the school.
  10. #10
    OhReally? is offline Member
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    Quote Originally Posted by LdiJ View Post
    Mom needs to put some pressure on the school.
    Actually, since the OP clarified, I think what the OP needs to do is heed the advice of the others who suggested getting a restraining order. The OP should head on down to the courthouse ASAP -- and even go the ex parte route -- and get a restraining order and give a copy to the school. I also have to agree with others on the thought that the school should not be put in the middle, per se, in the sense of getting them involved and "putting pressure on them", per se. This is something that should ONLY be between the parents -- in this case, the OP getting a restraining order prohibiting access to the children at school & other events, if needed. Perhaps the current order is vague and does not specifically state no access, for example, and maybe this needs to be clarified (spelled out) as well.

    I could actually see this as a real sensitive issue for the school that they *could* view it as overstepping their legal authority. I wouldn't be surprised if the district DID take it to their lawyers, they would tell the OP to seek further advice from HER lawyer.

    The OP should get a restraining order ASAP. That way, if the other parents steps on school grounds, then the school has a copy of said order and can call the cops and have him removed and/or arrested for trespassing (in addition to violating a restraining order).
  11. #11
    Humusluvr is offline Senior Member
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    Quote Originally Posted by OhReally? View Post
    Actually, since the OP clarified, I think what the OP needs to do is heed the advice of the others who suggested getting a restraining order. The OP should head on down to the courthouse ASAP -- and even go the ex parte route -- and get a restraining order and give a copy to the school. I also have to agree with others on the thought that the school should not be put in the middle, per se, in the sense of getting them involved and "putting pressure on them", per se. This is something that should ONLY be between the parents -- in this case, the OP getting a restraining order prohibiting access to the children at school & other events, if needed. Perhaps the current order is vague and does not specifically state no access, for example, and maybe this needs to be clarified (spelled out) as well.

    I could actually see this as a real sensitive issue for the school that they *could* view it as overstepping their legal authority. I wouldn't be surprised if the district DID take it to their lawyers, they would tell the OP to seek further advice from HER lawyer.

    The OP should get a restraining order ASAP. That way, if the other parents steps on school grounds, then the school has a copy of said order and can call the cops and have him removed and/or arrested for trespassing (in addition to violating a restraining order).
    Most school districts, if not all, retain counsel. At the district I worked for, lawyers were OFTEN consulted, because parents are (many times) wanting to sue for everything. My principal often consulted with the superintendent and legal counsel to make sure we followed the laws. The law is pretty tricky, as we all know, and one false move can get you in a ton of hot water.

    There is NO HARM in the school making sure they follow the law. The harm is in the school itself attempting to guess what the laws are.

    Since the order says "All Parental Rights Are Suspended," and I worked in a school, if I saw that - I would certainly ask my lawyer before I allowed father into the school. That's just the administrator's responsibility.
  12. #12
    TinkerBelleLuvr is offline Senior Member
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    Is CPS involved?

    I know he's not going to do any of it because back in April '08 CPS told him to go to alcohol treatment and he never did.He told me he can't do those things cuz it'll ruin his military status.
    If so, THEY can run interference at this point. They do have power.

    Where to find forms:
    http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm
  13. #13
    OhReally? is offline Member
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    Quote Originally Posted by Humusluvr View Post
    Most school districts, if not all, retain counsel. At the district I worked for, lawyers were OFTEN consulted, because parents are (many times) wanting to sue for everything. My principal often consulted with the superintendent and legal counsel to make sure we followed the laws. The law is pretty tricky, as we all know, and one false move can get you in a ton of hot water.

    There is NO HARM in the school making sure they follow the law. The harm is in the school itself attempting to guess what the laws are.

    Since the order says "All Parental Rights Are Suspended," and I worked in a school, if I saw that - I would certainly ask my lawyer before I allowed father into the school. That's just the administrator's responsibility.
    I understand all of this, and am not disagreeing with you, but not every school "thinks" in the same way. Heck, look at the 'back and forth' on this thread. Getting a RO that is specific eliminates any vagueness and/or confusion as it relates to ALL parties -- including the school. The school has a copy of the RO...it is specific AND it does not put the school in any kind of awkward position.
  14. #14
    mom of 7 is offline Junior Member
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    I'm ticked off now

    I found out that my ex-husband whose All parental rights are suspended went to the school yesterday and the principal took him to my son's classroom to see him. My child was a emotional wreck from that all last night. His father's rights have been suspended since the beginning of June '08 and I tried to call the judge today (forgot it was veterans day oops) to clarify it for the school. But I told the school if my license is suspended I can't drive which in reality would mean all his rights are suspended which means he can't see the kids and they just gave him visitation. I also told them to call the school district attorney and show them the copies of the order and that I will get it clarified for them but to Never under any circumstances let that man (yes I can call him that cuz he's a pycho that traumatized my children 1 so bad he's now in therapy) see my kids
  15. #15
    Ohiogal is offline Senior Member
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    YOU NEED A RESTRAINING ORDER. Calling the judge will get you nowhere.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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