Private School Issue. Can I sue?

[waitinMd]

mdbusinessman;2094181The only reference to any form of suit against "mom"..comes from..you.

Ref post #6 - or is that family law section something I need to referenece in a motion to the court to force the ex wife to provide me with that info?

Ref Post #13 - In separate court action, I'll be addressing this same issue with the ex-wife as well, as I already have a Complaint for Visitation filed to re-establish physical visitation, and will file a motion to request modification of legal custody as well, since the mother also has clearly stated through her attorney that she will not be providing me with access to any medical or education records of our daughters.

Are they not references???

 

[Zigner]

What has prompted the change in heart?

 

[ProSeDadinMD]

What has prompted the change in heart?

I think I know. He want’s to show that this school is not the best environment for the kids so that he can be off the hook for the tuition. Near as I can tell, only 1 Episcopal school in MD actually publicizes(although others may tell you if you call them) that they receive NO federal money, and based on it’s location I can tell you that it’s gotta be steep.

 

[The_Non-Mom]

I think I know. He want’s to show that this school is not the best environment for the kids so that he can be off the hook for the tuition. Near as I can tell, only 1 Episcopal school in MD actually publicizes(although others may tell you if you call them) that they receive NO federal money, and based on it’s location I can tell you that it’s gotta be steep.

It doesn't sound like he is on the hook for tuition at all. If Mom has sole custody and put the children into private school herself, I don't believe Dad is responsible for any of the costs.

It's very possible that he just wants to know how his children are doing in school.

 

[ProSeDadinMD]

It doesn't sound like he is on the hook for tuition at all. If Mom has sole custody and put the children into private school herself, I don't believe Dad is responsible for any of the costs.

It's very possible that he just wants to know how his children are doing in school.

Actually, Dad said this in his first post:

My ex wife currently has sole legal custody of our two daughers. I presently do NOT have an order for visitation, (although I have petitioned the court, have had the ex recently served, affadavit of service filed, and am awaiting a court date. ) The minor children attend the same private school. As part of the support agreement, in addition to child support, I currently pay monthly payments to my ex wife specifically for the purpose of private school tuition.

 

[The_Non-Mom]

Actually, Dad said this in his first post:

I stand corrected!

 

[ProSeDadinMD]

More reasons why this whole "Sue? Money? I never wanted that at all!" line of BS is just that

From 2000 through 2007, my ex wife frauduently obtained and filed 4 separate Ex Parte's (temporary domestic violence orders) against me. In short, all were thrown out, and none ever resulted in any sort of permanent protective order. In Maryland, there is presently NO crime for filing false domestic violence orders. Suing for Abuse of Process would be an option, but costly for me to pursue. The States Attorney reviewed the situation, and said perjury would be an option, but they refused to prosecute on that basis, stating that it's "often difficult to prove written perjury when it comes down to it, as the person can simply claim they didnt understand the rules of the document" and get off.

And this

My attorney at the time did file a motion to receive sanctions/an award of attorneys fees to me, and the court did approve and grant my motion stating in their written response that "it is obvious that the plaintiff only filed the DV motions, in order to prevent visitation with the parties children". A moral "victory", as it cost more to have my attorney draft and file that motion, than I ended up getting from the ex for the actual sanction.

From this thread:
https://forum.freeadvice.com/domestic-violence-abuse-38/false-domestic-violence-charges-court-wont-expunge-439493.html

And BTW, if you actually open the case file under the MD Judiciary Case Search, it’ll show the disposition of the case, generally not just “closed”.

 

[ProSeDadinMD]

Hey dude...

Nobody(well, nobody but me) is going to go back to page 1 of this thread to see what you "modified" to get this thread back on track.

You'd be better off posting it now as a new post(NOT thread) to see if you get any takers on helping. I'm betting that won't happen.

Still didn't answer me... la la laaaaa

 

[mdbusinessman]

Actually, as stated earlier..I did receive the assistance I needed for the purpose of the topic...of this thread. Which again, was solely to determine basis for suit against a private shool who refuses to provide educational information to a non-custodial parent.
- FERPA was suggested, but questioned since it applies to private schools ONLY when those private schools are receiving some sort of federal funds
-Maryland state law 9-104 was referenced, and per a local law firm, definitely applies in this situation. Per the firm, it would only NOT apply..if there was a termination of parental rights, which has never occurred. Legal custody status and physical custody status are irrelevant when it comes to 9-104.
-And lastly, you, prosedad, actually did provide some useful input, as I incorrectly assumed that just because the institution was a tuition only, religion focused private school, that they did not receive federal funds of any sort. You informed me on page 3 of this thread, that may not be the case. I placed a call late last night to an associate who has a friend on the schools board, and sure enough, the school DOES receive some sort of federal funds. So it appears that in addition to state law, FERPA DOES apply in this case. I was provided contact information at the Federal Governments FERPA Compliance office on Maryland Avenue in DC, and was told that if they are made aware that a school receiving federal funds is out of compliance/and NOT providing that information to a parent for ANY reason, they will not hesitate to get involved and yank the federal funds if the school persists in violation the agreements/contracts they signed with the government to receive those funds.

So...thanks for the assistance everyone. The information that I originally requested via this thread, has been met. ;-)

 

[ProSeDadinMD]

Per this link, it appears my first step is to determine an appropriate dollar amount (which I've determined to be in excess of $25,000) and compose and file a complaint in circuit court.

AGAIN, it's all about the money. NOT the kids.

Where was your concern for them for the last 4 years? STILL no answer to that.

Answer that honestly, and I'll bet that I can help you more than you think...

 

[mdbusinessman]

lol, oh I many stories ....

why don't you call the Archdiocese first thing in the morning and explain, tell them you just "plum" don't understand! See what they say. It would also be good for your case that you tried various ways to try to work this out.

BTW, there are many law suits against Catholic schools on Maryland Judiciary Case Search, search by company.

I can tell you that most schools will try to avoid going to court ....

And THIS..was the post that did the "trick".

A letter (referencing the specific Famliy Law code that the school was violating) sent to the Archdiocese got me positive results recently: A full packet of the information I requested and then some, along with written promise to continue to provide this information on an ongoing basis with no further action required on my part.

Problem solved.

Moral of the story: Do NOT let religious based private schools push you around..simply because you aren't a paying parishioner, and the mother is. ;-)
Thanks everyone.