Legal Duties of a (physical) Custodial Parent

[Tony Dawson]

What is the name of your state? Colorado

 

[Tony Dawson]

(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?

 

[Zigner]

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?

Regardless of any "legal duty"...why wouldn't the custodial parent do so?

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?

Not really.

 

[Tony Dawson]

Regardless of any "legal duty"...why wouldn't the custodial parent do so?

Not really.

The Custodial parent would, I think, do so if that parent perversely wished the therapist, school, hospital and/or doctor to remain in ignorance of the existence of, and how to be in contact with, the other parent.

 

[Zigner]

Unless specifically ordered by a court, or specified by statute, the parent doesn't have to provide contact information (etc) for the other parent.

 

[Tony Dawson]

Unless specifically ordered by a court, or specified by statute, the parent doesn't have to provide contact information (etc) for the other parent.

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.

 

[Zigner]

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.

No, there isn't.

 

[Just Blue]

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.

Why don't you explain what is going on...

 

[Tony Dawson]

Why don't you explain what is going on...

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?

 

[quincy]

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?

The non-custodial parent can inform the school of his/her existence and provide the appropriate court document.

 

[Just Blue]

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?

Do you know the name of your child's school, doctors...if so have you contacted them to make yourself known? If the CP is not consulting you regarding medical/education decisions you can file for contempt.

 

[stealth2]

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.

Why does the NCP not inform the school him/herself? Seems like a no-brainer.

 

[Zigner]

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?

First: New York is not Colorado. Don't look up information for any states outside of the state that is involved, you'll only confuse yourself.

Second: I don't see any requirement to provide the information in the snippet you posted.

 

[Tony Dawson]

The non-custodial parent can inform the school of his/her existence and provide the appropriate court document.

Yes. But that is only true if the non-custodial parent is informed of the school or doctor. Also, the school or doctor is naturally cautious at someone appearing out of the blue and contradicting the story they have been told by the 'nice' 'sole parent' (sic) of the child. Thus, it may take some considerable time and effort to establish the truth to their satisfaction. Highly stressful.

 

[stealth2]

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?

The school - in what you posted - is not making any requirement.