zero communication=no 2 week visit

[cntryhrt]

What is the name of your state (only U.S. law)? IA/NE confused!!

First of all the two attorneys I have spoke with, one in IA, one in NE, they work together often, are at odds as to which state any action needs to take place in! They both tell me that if my ex does not communicate the arrangements he has in place for our daughter, I am to deny the two week vist. (Background: he will be out of town, and SM does not believe she doesn't have rights.)

I DON'T want to deny visitation but I am afraid of what she is planning. I have the email questioning my parental abilities and all. Everyone tells me she don't have legal rights, but the school district has told us different so she is running with it.

I am a criminal justice student, and I know the ramifications of breaking the law, and right now I feel that is what I am doing, but SM can't get away with this.

My question. Am I doing the right thing by following the attorney's advice and deny the two week visit if he doesn't respond to my questions and concerns?

 

[LdiJ]

What is the name of your state (only U.S. law)? IA/NE confused!!

First of all the two attorneys I have spoke with, one in IA, one in NE, they work together often, are at odds as to which state any action needs to take place in! They both tell me that if my ex does not communicate the arrangements he has in place for our daughter, I am to deny the two week vist. (Background: he will be out of town, and SM does not believe she doesn't have rights.)

I DON'T want to deny visitation but I am afraid of what she is planning. I have the email questioning my parental abilities and all. Everyone tells me she don't have legal rights, but the school district has told us different so she is running with it.

I am a criminal justice student, and I know the ramifications of breaking the law, and right now I feel that is what I am doing, but SM can't get away with this.

My question. Am I doing the right thing by following the attorney's advice and deny the two week visit if he doesn't respond to my questions and concerns?

I always hesitate to tell someone not to follow the advice of local attorneys....particularly in a situation where the other parent will NOT be present during the visitation.

I do have one question however. Have you ever been held in contempt of court over the last 4 years? Has he ever taken you to court for contempt?

 

[wileybunch]

They both tell me that if my ex does not communicate the arrangements he has in place for our daughter, I am to deny the two week vist. (Background: he will be out of town, and SM does not believe she doesn't have rights.)

What 2-week visit? Is that something specified in your court order? How do you know Dad will be out of town entire 2 weeks? Does your order have a right of first refusal?

I DON'T want to deny visitation but I am afraid of what she is planning.

And what is what?

 

[TinkerBelleLuvr]

If DAD picks up the child for the two weeks, mom shouldn't refuse.

As for the "rights" of step-parents and school. With FERPA, if the child lives with a CP and a stepparent, THAT stepparent does have rights to educational information.

The term "parent" is defined as including natural parents, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. 34 CFR § 99.3 "Parent." The Department has determined that a parent is absent if he or she is not present in the day-to-day home environment of the child. Accordingly, a stepparent has rights under FERPA where the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home. In such cases, stepparents have the same rights under FERPA as do natural parents. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under FERPA with respect to such child's education records.

This NCP's wifes, in this case, is NOT present on a day-to-day basis. She can be excluded.

http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/hastings082004.html

 

[acmb05]

Please keep all of your questions in one thread so that we do not have to go back and search for your other thread to get caught up in what is happening.

 

[cntryhrt]

I always hesitate to tell someone not to follow the advice of local attorneys....particularly in a situation where the other parent will NOT be present during the visitation.

I do have one question however. Have you ever been held in contempt of court over the last 4 years? Has he ever taken you to court for contempt?

No, no contempt or any problems in the past, he has rarely taken his visitations. I never pushed him, if he ignored my calls, I let it go. Didn't want the turmoil in my daughter's life. My folks did that to me, and I didn't want to have my child stuck in the middle of constant bickering.

There is no right of first refusal in decree. It is stated that he has daughter for two weeks in the summer, he has never taken her in 5 years, so we have never had to deal with this. He told me that he will be out of town during the weekdays and home on the weekends. I told him he can pick her up on Fridays when he returns home.

So if I am reading the FERPA correctly, I am the CP and I enrolled her in school, SM should not have access to daughter's school records or be able to remove her from school with out my permission, correct?

I am sorry for posting new thread, I guess I thought new question required new thread, I woun't do it again....I appreciate all your help!!