Legal Duties of a (physical) Custodial Parent

[Just Blue]

How old is the child?

 

[Tony Dawson]

I

So you have done what you can. Be patient and let the school do what it needs to do. They are just covering their bases. Unless the court orders state that the custodial parent is required to provide your information, I don't think there is much you can do.

Thanks. I think you may be right. I do like to try to check the law, though, when someone else consults a legal advisor as, besides the facts of the case sometimes getting misrepresented, the legal opinions don't always stack up. I have seen some (as now acknowledged) VERY wrong 'authoritative' advice to a court from an Asst District Attorney in the past.

 

[Tony Dawson]

Generally speaking, it is more effective to provide physical copies of court orders in person. Apparently, you are aware of where the child goes to school. Is there a reason you cannot get to the school in person? Yes, yes, you live a distance away. You're neither the first nor the last.

ETA: Absent the ability to go in person, a certified hard copy would be more appropriate than via email.

Thousands of miles. I do not think there is an issue of provenance of the documents.

 

[Tony Dawson]

How old is the child?

Six

 

[Zigner]

Based on your earlier response to my information, it's obvious that you're here for people to support you and that you have no intention to listen to viewpoints that run counter to your beliefs. There really is no use in continuing further. If you feel that the other party is violating the court order, then a motion for contempt is your recourse.

 

[not2cleverRed]

Thanks for that.

But separate from providing contact details, is there not any obligation of a parent contacting statutory services for a child to provide honest full information about the child's main circumstances (eg the existence of another parent who shares legal custody) to those who provide care to the child? Provision of (deliberately) partial information (material withholding) is, as I understand it, the same in law as providing false information.

I have found the excerpt below in the handbook of a High School in Syracuse NY:

CUSTODY INFORMATION The school abides by the provisions of the Buckley Amendment. Thus, non-custodial parents will be given access to the academic records and to information regarding the academic progress of their children, unless there is a court order specifically stating that the non-custodial parent is denied access to such information. All separated, divorced, and never married parents are asked to provide the school with a courtcertified copy of the custody section of the appropriate decree. If a parent is to be denied access to a child’s academic records, that denial should be noted in this section of the decree. The custody section should also provide information about the non-custodial parent’s right of access to the child.

The Buckley Amendment is a federal law. Rather than looking at a Syracuse NY high school handbook, you should research the provisions of the federal legislation they are referencing (FERPA). Different school districts might have different policies that attempt to satisfy the provisions of the same mandate.

I thought that I had effectively done so in the question. A primary custodial parent (5/6ths of the year) is repeatedly not informing schools, doctors etc of the existence of the other parent who has full shared legal custody. This is less than helpful, to put it mildly.

I have found a NY High School handbook on the internet which says:

"CUSTODY INFORMATION The school abides by the provisions of the Buckley Amendment. Thus, non-custodial parents will be given access to the academic records and to information regarding the academic progress of their children, unless there is a court order specifically stating that the non-custodial parent is denied access to such information. All separated, divorced, and never married parents are asked to provide the school with a court certified copy of the custody section of the appropriate decree. If a parent is to be denied access to a child’s academic records, that denial should be noted in this section of the decree. The custody section should also provide information about the non-custodial parent’s right of access to the child."

Presumably if a school makes its own requirement then there is no legal requirement. Unless, of course, the school is simply re-stating nicely the legal requirement?

No. You have not "effectively" communicated anything. You have been ineffective in your communications.

1) Be direct.
2) Unless the NY high school handbook is from the school where your child is currently enrolled, its contents are irrelevant. The portion you highlighted is the least relevant portion. Realizing that all of the highlighted portion follows from an attempt to comply with the provisions of the Buckley Amendment should lead you to learn about the Buckley Amendment.

 

[Tony Dawson]

Based on your earlier response to my information, it's obvious that you're here for people to support you and that you have no intention to listen to viewpoints that run counter to your beliefs. There really is no use in continuing further. If you feel that the other party is violating the court order, then a motion for contempt is your recourse.

I fear you misunderstand me. I have found this exchange useful. It is not my purpose to try to change opinions. I simply sought information.

I have an appointment which I now must keep.

 

[Just Blue]

Thousands of miles. I do not think there is an issue of provenance of the documents.

Who created the distance?

 

[t74]

Speak with your attoney about making your orders more specific regarding the rights and responsibilities of both the CP and NCP.

 

[cbg]

Biology being what it is, I suspect the school is well aware that the child has two parents and might well take that fact for granted. They are also well aware that there are many different child care arrangements which vary wildly between one parent having sole custody and two having full custody and everything in between. If there is a court order of which they need to be aware, it is incumbent on one or the other of the parents to do so; it is not incumbent on them to ask. Which parent provides the communication is up to the parents; the law does not get involved to that degree. A court might, but not statutes or case law.

 

[not2cleverRed]

Six

I strongly suspect that your 6 year old is not a high school student.

 

[LdiJ]

(This is a Colorado question although I imagine there may be a lot in common in the answer from different States of the Union)

Does a custodial parent of a minor have any underlying legal duty to inform schools and doctors, therapists etc with details of the existence of the other parent sharing legal custody - and provide the authorities with contact details of the same if known?

Do schools, doctors, hospitals and therapists etc have any obligation to satisfy themselves by asking appropriate questions, as to the existence of any other parent sharing custody besides the one who presents with the child?

Every school intake form and every medical intake form for any facility asks for both parent's information. So yes, the custodial parent is supposed to give whatever information they have. Whether there is an underlying LEGAL obligation to do so is unknown by me.

No, the schools, doctors, hospitals and therapists are not obligated to ask any further questions beyond what is listed on the forms. They expect their adult patients to fill out the forms properly.

 

[Zigner]

Every school intake form and every medical intake form for any facility asks for both parent's information. So yes, the custodial parent is supposed to give whatever information they have. Whether there is an underlying LEGAL obligation to do so is unknown by me.

Asks for...not requires.

 

[LdiJ]

Asks for...not requires.

I thought that I made that point, but I suppose I was not clear on that. I do agree that its an "asks" not "requires".

 

[Zigner]

I thought that I made that point, but I suppose I was not clear on that. I do agree that its an "asks" not "requires".

You state that the custodial parent "is supposed to give...", however, that's not true unless it's legally required.