School Records

[JoLo0808]

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

Please forgive me for posting a question related to my husband's custody circumstances - but I'm curious if what his ex has done is even legal.

He just left his son's school and she has replaced my husband's (the father) contact information with her current husband's (step-father) information. Also - whenever she fills out a form, she leaves the "other parent" information completely blank, so my husband does not receive any communication from the school regarding his son. They have shared physical, joint legal custody with school year custody currently with her - so isn't she legally required to list him or at the very least not remove him?

 

[proud_parent]

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

Please forgive me for posting a question related to my husband's custody circumstances - but I'm curious if what his ex has done is even legal.

He just left his son's school and she has replaced my husband's (the father) contact information with her current husband's (step-father) information. Also - whenever she fills out a form, she leaves the "other parent" information completely blank, so my husband does not receive any communication from the school regarding his son. They have shared physical, joint legal custody with school year custody currently with her - so isn't she legally required to list him or at the very least not remove him?

Honestly, I believe you are barking up the wrong tree.

First, with regard to emergency contact information, as Mom has residential custody during the school year, it follows that she may list whomever she chooses as an emergency contact. Depending on Dad's availability during school hour, proximity of his residence/workplace to the school, etc., it may make sense to have others listed instead of Dad.

Second, with regard to Dad receiving communication from the school, one could make the argument that Mom should be the one to share information with Dad. Will Mom incur legal penalties for failing to do so? Not likely. At least Dad can be grateful that Mom is not fraudulently providing Step-Dad's information where "other parent" is requested.

If Dad hasn't already done so, he should provide the school with his contact information and copies of the court order specifying joint legal custody, and insist that they be included in the child's file. Dad also may wish to enter a written request that hard copies or electronic copies of any educational information sent directly to Mom or sent home with the child be sent to Dad as well. If the school makes student information available online, Dad also should request his own access code (if one is required).

 

[Mississippian]

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

Please forgive me for posting a question related to my husband's custody circumstances - but I'm curious if what his ex has done is even legal.

He just left his son's school and she has replaced my husband's (the father) contact information with her current husband's (step-father) information. Also - whenever she fills out a form, she leaves the "other parent" information completely blank, so my husband does not receive any communication from the school regarding his son. They have shared physical, joint legal custody with school year custody currently with her - so isn't she legally required to list him or at the very least not remove him?

It is favorable that the custodial parent keep the noncustodial parent informed of the child's progress in school, but it is just as equally the noncustodial parent's responsibility to communicate with the school as the CP. This is especially true if the NCP is a jerk wad and communication is difficult. Not saying that this is the case, but reality says that it happens all the time. Dad can get all the info he needs from the school in regards to records and such, but it the child is in mom's physical custody during the school year. Hopefully mom is looking out for the child and is listing individuals that can effectively assist in an emergency situation instead of being evil because she is mad at the ex. Keep in mind that dad cannot just show up to the school and check the child out when the child is in mom's custody...so listing him as a pickup is mute. Dad has his rights and they are listed on the court order. Let the papers do the talking..

 

[JoLo0808]

Honestly, I believe you are barking up the wrong tree.

First, with regard to emergency contact information, as Mom has residential custody during the school year, it follows that she may list whomever she chooses as an emergency contact. Depending on Dad's availability during school hour, proximity of his residence/workplace to the school, etc., it may make sense to have others listed instead of Dad.

Second, with regard to Dad receiving communication from the school, one could make the argument that Mom should be the one to share information with Dad. Will Mom incur legal penalties for failing to do so? Not likely. At least Dad can be grateful that Mom is not fraudulently providing Step-Dad's information where "other parent" is requested.

If Dad hasn't already done so, he should provide the school with his contact information and copies of the court order specifying joint legal custody, and insist that they be included in the child's file. Dad also may wish to enter a written request that hard copies or electronic copies of any educational information sent directly to Mom or sent home with the child be sent to Dad as well. If the school makes student information available online, Dad also should request his own access code (if one is required).

thank you! It would be nice if she were that cooperative, but unfortunately she completely neglects what I would consider even minimal cooperation when it comes to communicating anything from the school. My husband did leave his information and a copy of the order with the school today. I'll suggest he request copies of all communications to him and let him deal with it from there.
I'm a little surprised that the school year parent can simply replace the parent's contact information with the step-parent's. My children's school lists all both parent's and "bonus" parents contact numbers with dad and I being first.

 

[sometwo]

Keep in mind that dad cannot just show up to the school and check the child out when the child is in mom's custody...so listing him as a pickup is mute

That is not always true. The school cannot just deny a parent their child. Some schools may try to and may in fact deny but if the papers don't address this and say they cannot pick up the child from school then obvioulsy they could.

Especially with joint custody.

Sometimes it depends on the school and the people your talking to. Some people don't know what they can and can't do and school have their own set of policies they go by also.

 

[JoLo0808]

It is favorable that the custodial parent keep the noncustodial parent informed of the child's progress in school, but it is just as equally the noncustodial parent's responsibility to communicate with the school as the CP. This is especially true if the NCP is a jerk wad and communication is difficult. Not saying that this is the case, but reality says that it happens all the time. Dad can get all the info he needs from the school in regards to records and such, but it the child is in mom's physical custody during the school year. Hopefully mom is looking out for the child and is listing individuals that can effectively assist in an emergency situation instead of being evil because she is mad at the ex. Keep in mind that dad cannot just show up to the school and check the child out when the child is in mom's custody...so listing him as a pickup is mute. Dad has his rights and they are listed on the court order. Let the papers do the talking..

He would love it if she would... but unfortunately, her agenda does not often include what is in their son's best interest. I just hope the judge will see that.

 

[sometwo]

BTW did dad fill out his own form and give the school his contact information so he can stay informed? Did he give the teacher's SASE for things that need to be mailed? Did he provide an email address so the teachers and everyone can email him if need be?

Those are things dad needs to do.

 

[JoLo0808]

BTW did dad fill out his own form and give the school his contact information so he can stay informed? Did he give the teacher's SASE for things that need to be mailed? Did he provide an email address so the teachers and everyone can email him if need be?

Those are things dad needs to do.

Great suggestions! Thank you!

 

[Just Blue]

.. Keep in mind that dad cannot just show up to the school and check the child out when the child is in mom's custody

Please provide the IDAHO statute that say a NCP isn't "allowed" to check on the child at school.

 

[modad75]

A school/daycare cannot deny a biological parent their child unless there is a court order that prevents them from getting the child.

 

[Mississippian]

Please provide the IDAHO statute that say a NCP isn't "allowed" to check on the child at school.

Yo yo.. Pick up and check up are two different statements dawg

 

[Mississippian]

A school/daycare cannot deny a biological parent their child unless there is a court order that prevents them from getting the child.

yea, have seen that one in action. NCP shows up, school said leave..