NCP obtaining records?

[allenwoods]

What is the name of your state (only U.S. law)? Michigan

Not sure if this is the right place. If not, kindly redirect me. Thank you.

My son's mother and I are split up. Never been married. High conflict situation. I've been trying to collect my sons medical and school records myself since his mother is non cooperative. The school is giving me a really hard time. I do not have any custody, but I do still have visitation rights. There is no court order barring me from accessing my child's records. Am I within my rights to request records from his school, pediatrician and the hospitals where he has had his surgeries? I would like to be able to contact his school. I live a few hours away so it's difficult to make it up to conferences and what not. I'd like to be able to communicate with his teacher by email. But they act like I am just a pain in their asses and that I'm the bad guy. Like they can't give me information etc. I feel like there are so many hoops to jump through.

 

[Proserpina]

What is the name of your state (only U.S. law)? Michigan

Not sure if this is the right place. If not, kindly redirect me. Thank you.

My son's mother and I are split up. Never been married. High conflict situation. I've been trying to collect my sons medical and school records myself since his mother is non cooperative. The school is giving me a really hard time. I do not have any custody, but I do still have visitation rights. There is no court order barring me from accessing my child's records. Am I within my rights to request records from his school, pediatrician and the hospitals where he has had his surgeries? I would like to be able to contact his school. I live a few hours away so it's difficult to make it up to conferences and what not. I'd like to be able to communicate with his teacher by email. But they act like I am just a pain in their asses and that I'm the bad guy. Like they can't give me information etc. I feel like there are so many hoops to jump through.

You are legally entitled to that information, no matter what the custody arrangement is, right up until there is an order saying that you can't.

Be polite, but be direct.

 

[allenwoods]

You are legally entitled to that information, no matter what the custody arrangement is, right up until there is an order saying that you can't.

Be polite, but be direct.

I think I have been very polite, and patient, up to this point. I am ready to road rage my way up there and make hell. I realize that is not a valid solution. I'm just extremely frustrated. I have even quoted MCL for them and get no response or if I do, it's just another stall.

 

[Zigner]

You may wish to point out state law:

http://www.legislature.mi.gov/(S(uw43qt55hkvo1uawfjme5c45))/mileg.aspx?page=getobject&objectName=mcl-722-30

CHILD CUSTODY ACT OF 1970 (EXCERPT)
Act 91 of 1970


722.30 Access to records or information by noncustodial parent.
Sec. 10.

Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited from having access to the records or information by a protective order. As used in this section, “records or information” includes, but is not limited to, medical, dental, and school records, day care provider's records, and notification of meetings regarding the child's education.

 

[Zigner]

I'd like to be able to communicate with his teacher by email.

There is no requirement that the teacher communicate with you by email.

 

[RRevak]

If I were you i'd make it a point to show up to each location with a birth certificate and copies of necessary paper work proving you are dad and you have legal rights to have access to the childs information. Also take a printed copy of any and all applicable laws for the state. As Pro said, be firm but be sure to also carry paperwork to back up the legality of your requests.

 

[allenwoods]

One lady from the school office told me she "doesn't feel comfortable" releasing documents to me without the proper "paperwork" but when I asked her what "paperwork" she needed because I will fill out release forms or give them copies of any of my identification (which I already had done any ways, but I'd do it again). But she NEVER responded to me!

 

[RRevak]

There is no requirement that the teacher communicate with you by email.

Except dad lives too far away for any other communication other than by phone. How else is he supposed to know how his child is doing in school and be kept up to date if there are any issues?

 

[RRevak]

One lady from the school office told me she "doesn't feel comfortable" releasing documents to me without the proper "paperwork" but when I asked her what "paperwork" she needed because I will fill out release forms or give them copies of any of my identification (which I already had done any ways, but I'd do it again). But she NEVER responded to me!

Then you need to show up with every piece of paperwork you have and copies of the law. Explain to them that it doesn't matter how comfortable or uncomfortable they feel, they are not legally allowed to withhold the childs information from you.

 

[Zigner]

Except dad lives too far away for any other communication other than by phone. How else is he supposed to know how his child is doing in school and be kept up to date if there are any issues?

There is good ol' USPS. There is the phone. There is the father heading on in to school to get copies of records. Really, there is nothing that's going to force the teacher to communicate by email (unless, of course, email communications for all children is the standard at that school.)

 

[allenwoods]

If I were you i'd make it a point to show up to each location with a birth certificate and copies of necessary paper work proving you are dad and you have legal rights to have access to the childs information. Also take a printed copy of any and all applicable laws for the state. As Pro said, be firm but be sure to also carry paperwork to back up the legality of your requests.

I think you are right. I need to show up in person. I just have very little resources to work with. Pay check to pay check and I work 3rds and sleep days, one vehicle between my wife and I and she works week days. But I think I might just have to have her get a ride one day this weeks and take my ass up there. (school and pediatrician are both 3 hours away. hospital where he's had his surgeries is also 3 hours away, as well as 3 hours away from the school.)

 

[allenwoods]

There is good ol' USPS. There is the phone. There is the father heading on in to school to get copies of records. Really, there is nothing that's going to force the teacher to communicate by email (unless, of course, email communications for all children is the standard at that school.)

Well, I haven't even had a chance to speak to the teacher. No one at the office will even tell me who his teacher is.

 

[RRevak]

I think you are right. I need to show up in person. I just have very little resources to work with. Pay check to pay check and I work 3rds and sleep days, one vehicle between my wife and I and she works week days. But I think I might just have to have her get a ride one day this weeks and take my ass up there. (school and pediatrician are both 3 hours away. hospital where he's had his surgeries is also 3 hours away, as well as 3 hours away from the school.)

You're going to have to bite the bullet on this one. If the school is choosing to pretend you don't exist then you need to jump up n down in front of them until they realize you do. It really comes down to how much this endeavor means to you. It might be a pain but if you get it done, and get it done right, then it should only take once.

 

[Zigner]

Hopefully (for the OP), the school is one of the more modern ones that will allow parents to make accounts and track the progress of their children online. That would be a win-win

 

[allenwoods]

Hopefully (for the OP), the school is one of the more modern ones that will allow parents to make accounts and track the progress of their children online. That would be a win-win

Next year when he is in public school I think that may be possible. He is in preschool now. I also am trying to get information on his kindergarten screening, but there are two districts he could have been screened in and I can't seem to locate the person who I need to talk to. I keep getting transferred or leave a message with no return call.