FERPA and visiting school

[Mediator]

Your clause does not specify that the parent gives permission and specifically requests the other parent access.  It is the difference between the court ordering and the parent specifically making the request to the third party.

[wysiwyg]

so are you saying that that clause from the decree does not hold any weight?  

[Mediator]

I am suggesting that a third party is not bound by a court order that they are not a part of,  they could choose to follow the order or not.

alternatively a document that is signed by the parents that specifically stipulates permission for ...  is herby given and no further document or action must be taken is stronger and serves as a direct request  from both parents to the school or hospital etc.  It is even better if it is notorized so the institution can not claim it may be fraudulent.

the school is not taking the position that they will not obide by the parents wishes they are saying that one parent had not demonstrated the wishes of the other parent sufficiently.  In fact if both parents truly agreed then all that woudl be needed is such a document to be sent to the school even after the fact.

The school has not interest in not obiding by both parents wishes.  If one parent changes their mind than they would need to go to court to modify the document.

I suggest the individual document be signed, dated and notorized and then submitted to the court for approval so that it can be then incorporated into the decree.  It would then be enforceable by the court.

A school would incur legal costs and embarrassment if they did not obide both a signed document from both parents as well as a divorce decree giving permission.

[mykidsdad]

From a dad that has and is still going thru the same thing. Let me give you some insight on what I have done, my pbfh ex would not put me on my sons papers for school, well I took  it upon my self to contact the school and add my self to the contacts and what ever else that asked for my info, granted i have joint managing custody, with her having domicile.. Any who I just had to take it upon myself to make sure that my name and info go onto the forms and to the school etc.. myself, and not rely on her to do it, plus I aslo found out the teachers e-mail addy, and conference times, I started by e-mailing the teacher, and introducing myself, and briefly explaining the situation to her, then followed up with her by calling her during her conference time and talking to her about the situation..
Hope this helps out some...

[Mediator]

that is wonderful!!!

You are the example of the involved dad.  Few schools would argue with your involvement.

[Forthelittleones]

Most states have laws that allow both parents equal access.  We have the same clause as you do and it works fine after they had thier lawyer review it!

You need to be very nice as you dont know what she told them about you.

This happened to my DH.

Check you state laws or tell me what state you are from.

[worriedmom]

I have a quick question, if I may ask? Me and my ex have joint custody but i didnt put him on the list to pick up but his name is listed in his papers, can he stillpick him up w/out my consent. I also put a note on the papers that he is not allowed to pick up my son UNLESS i tell them in advance in Person. No notes or phone calls. I wouldnt put it past him to b a flight risk with my son. Thanks

[Mediator]

>I have a quick question, if I may ask? Me and my ex have
>joint custody but i didnt put him on the list to pick up but
>his name is listed in his papers, can he stillpick him up
>w/out my consent. I also put a note on the papers that he is
>not allowed to pick up my son UNLESS i tell them in advance in
>Person. No notes or phone calls. I wouldnt put it past him to
>b a flight risk with my son. Thanks

I can not comment on the pure legal issue as to what the school would  or would not do.  If the divorce decree papers state that he is allowed to pick up the child  from school than he is allowed to do so regardless of what you told the school.  The school may not want to get involved and force him to go to court.  Does anything in the decree state you have the decision authority to change the his ability to pick up the child?  If not by what authority do you limit his access?

If you do not have the authority to do so you are placing yourself in legal jeopardy.  If he has the right but you would like to now restrict this you will need to go to court and make the request and prove your case.

[worriedmom]

Me and him were never married We just have parenting plan papers but it doesnt say anything about him being able to pick him up. It says (related to school)

1.Has to have complete access to school records and I have to give him notice of special events at school
2. I have to provide copies of report cards, progress reports, and other communication from school.
3. He goes to school where I reside

[Mediator]

>Me and him were never married We just have parenting plan
>papers but it doesnt say anything about him being able to pick
>him up. It says (related to school)
>
>1.Has to have complete access to school records and I have to
>give him notice of special events at school
>2. I have to provide copies of report cards, progress reports,
>and other communication from school.
>3. He goes to school where I reside
>
It doesn't matter one way or another if you were married.  What matters is what the court document sstipulate.  I will assume for now that the parenting plan papers you refer to have been reviewed by the court and signed off by the court.

If that is true your parenting plan should indicate when parenting time is and how the transfer of the child is to occur.  Your document should also cover who has major decision making authority (one or joint over any particular major topic) If it does not cover these topics it is sorely incomplete.

If it is this incomplete and you paid for an attorney or mediator to help both of you you did not have a competant professional working with you to develop the agreement.

What does your agreement say regarding parenting time and transfer of the child?