Another School/Custody Issue

[majomom1]

What is the name of your state? MO

Most of you know my story. Ex has kept one son after summer vacation and enrolled him in a school in KS. We have court pending, but in the meantime there are other little loop holes that keep popping up.

The school in KS refused to honor the court order which shows me with physical custody and my address for education purposes, and they allowed my son to attend school.

The school in KS has continued to request school records from my school in MO. My school has not sent the records, per my court order.

With cjanes help... I drafted and sent a letter to the school in KS this morning, asking them to stop requesting these records. I just got off the phone with MY school and am now being told that because of FERPA, they do need to transfer these records... principal states that court order etc is for custody and NOT sending the records is a denial of the records to my ex.

The MO school printed and gave my ex all the records, so they have not denied him. IMO all the FERPA requirements have been met. There is nothing that says the school HAS to transfer the records.

We have joint legal custody, I have sole physical for mail and education. How are there so many loop holes for my ex to get through and I have to wait on the court system?

 

[CJane]

What is the name of your state? MO

Most of you know my story. Ex has kept one son after summer vacation and enrolled him in a school in KS. We have court pending, but in the meantime there are other little loop holes that keep popping up.

The school in KS refused to honor the court order which shows me with physical custody and my address for education purposes, and they allowed my son to attend school.

The school in KS has continued to request school records from my school in MO. My school has not sent the records, per my court order.

With cjanes help... I drafted and sent a letter to the school in KS this morning, asking them to stop requesting these records. I just got off the phone with MY school and am now being told that because of FERPA, they do need to transfer these records... principal states that court order etc is for custody and NOT sending the records is a denial of the records to my ex.

The MO school printed and gave my ex all the records, so they have not denied him. IMO all the FERPA requirements have been met. There is nothing that says the school HAS to transfer the records.

We have joint legal custody, I have sole physical for mail and education. How are there so many loop holes for my ex to get through and I have to wait on the court system?

I think you need to have a sit-down w/the school and explain to them that FERPA requirements HAVE been met, in that the parties w/the right to access the records (You and Ex) have received them. That the other school has no standing to use FERPA to receive the official records w/out your consent.

*********Edited**************

I think I was wrong...

This is from FERPA:

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;

 

[majomom1]

I think you need to have a sit-down w/the school and explain to them that FERPA requirements HAVE been met, in that the parties w/the right to access the records (You and Ex) have received them. That the other school has no standing to use FERPA to receive the official records w/out your consent.

Principal states that my ex's signature gave the school permission to request them? I think they are just tired of the crap... but I don't want to back down. I just wish ONE person would honor my freaking Court Order! With out all this other junk my ex wouldn't be able to pull all of this crap.

I haven't hired the new attorney yet... and of course they are at lunch now. I started ready the FERPA stuff posted on faith's thread....

 

[majomom1]

I think you need to have a sit-down w/the school and explain to them that FERPA requirements HAVE been met, in that the parties w/the right to access the records (You and Ex) have received them. That the other school has no standing to use FERPA to receive the official records w/out your consent.

*********Edited**************

I think I was wrong...

This is from FERPA:

Here again... information has been disclosed. Transferring a certified copy of records is different IMO and don't I have just as much right to say NO?

Added:
Quote from FERPA
Parents may access, seek to amend, or consent to disclosures of their children's education records, unless there is a court order or other legal document specifically stating otherwise.

Doesn't my court order qualify?

 

[CJane]

Here again... information has been disclosed. Transferring a certified copy of records is different IMO and don't I have just as much right to say NO?

Not according to FERPA you don't. Those records can be transferred w/no one's permission.

 

[TinkerBelleLuvr]

Here's the link:

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

 

[majomom1]

Here's the link:

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

I have that... but now it comes down to words and interpretation:

Under FERPA, schools must generally afford parents: -access to their children's education records -an opportunity to seek to have the records amended -some control over the disclosure of information from the records.

 

[casa]

What is the name of your state? MO

Most of you know my story. Ex has kept one son after summer vacation and enrolled him in a school in KS. We have court pending, but in the meantime there are other little loop holes that keep popping up.

The school in KS refused to honor the court order which shows me with physical custody and my address for education purposes, and they allowed my son to attend school.

The school in KS has continued to request school records from my school in MO. My school has not sent the records, per my court order.

With cjanes help... I drafted and sent a letter to the school in KS this morning, asking them to stop requesting these records. I just got off the phone with MY school and am now being told that because of FERPA, they do need to transfer these records... principal states that court order etc is for custody and NOT sending the records is a denial of the records to my ex.

The MO school printed and gave my ex all the records, so they have not denied him. IMO all the FERPA requirements have been met. There is nothing that says the school HAS to transfer the records.

We have joint legal custody, I have sole physical for mail and education. How are there so many loop holes for my ex to get through and I have to wait on the court system?

Don't compare your case to Faith's...it'll only confuse you.

What do you mean EXACTLY when you say you have "sole physical for mail and education"?? That makes no sense. Residence is Physical, but has nothing to do with mail...mail would refer to records, which you BOTH have Legal Rights to REGARDLESS of whom has Custody. The exception to the Rule would be if your Court Order SPECIFICALLY states NOT to allow records release to Dad. If that were the case, the school would NOT honor the request, as Dad was the one requesting.

Your Custody issues are not the same as his Rights to your child's records.

 

[TinkerBelleLuvr]

majomom1's court order says that HER address is the one to be used for school registration. She lives in Missouri - X registered child in Kansas.

 

[casa]

majomom1's court order says that HER address is the one to be used for school registration. She lives in Missouri - X registered child in Kansas.

And so she pursues Dad for Contempt of the Custody Order. That's it. Her address being used for Residence/School has absolutely NOTHING to do with Dad's RIGHT to access his child's records! NOT ONE THING.

 

[CJane]

And so she pursues Dad for Contempt of the Custody Order. That's it. Her address being used for Residence/School has absolutely NOTHING to do with Dad's RIGHT to access his child's records! NOT ONE THING.

The concern this time (contempt has been filed) is that the school in MO is releasing the child's records to the school in KS so his enrollment THERE can be continued. This is directly counter to Majo's written request that they NOT release the records pending the current court action.

 

[casa]

The concern this time (contempt has been filed) is that the school in MO is releasing the child's records to the school in KS so his enrollment THERE can be continued. This is directly counter to Majo's written request that they NOT release the records pending the current court action.

Correct, but she's confusing her 'request' with what they are LEGALLY obligated to do/not do. ie; until a Judge ORDERS that Dad is not to have access to the child's records...then the child's father will continue to have unrestricted access under State & Federal Law.

It's frustrating bc Dad's getting a quicker response than She is re; her Custody/Contempt action. But her action is more complicated & more factors come into play. Not the least of which has been Jurisdiction as I recall. Waaaaaaay Different scenarios. Sorry. It sucks what Majomom's going through...but it doesn't negate Dad's Rights as they stand, Legally, with the Current Court Order.

 

[majomom1]

And so she pursues Dad for Contempt of the Custody Order. That's it. Her address being used for Residence/School has absolutely NOTHING to do with Dad's RIGHT to access his child's records! NOT ONE THING.

Contempt is all in the works... trial scheduled for January.

Our court order does read Joint legal and I have sole physical, with my address to be used for education etc....

My first attorney said Dad could not enroll son in out of state school. He did. Attorney said un-enroll him...I did. Dad got them to keep him enrolled and they have let him attend school. School in MO has been holding transfer of records, per our court order.

Now they are saying that they cannot hold them.

 

[majomom1]

Correct, but she's confusing her 'request' with what they are LEGALLY obligated to do/not do. ie; until a Judge ORDERS that Dad is not to have access to the child's records...then the child's father will continue to have unrestricted access under State & Federal Law.

It's frustrating bc Dad's getting a quicker response than She is re; her Custody/Contempt action. But her action is more complicated & more factors come into play. Not the least of which has been Jurisdiction as I recall. Waaaaaaay Different scenarios. Sorry. It sucks what Majomom's going through...but it doesn't negate Dad's Rights as they stand, Legally, with the Current Court Order.

Definitely sucks! By the time this is all done, I truly don't see the judge doing anything more than slapping dad's hand. But boy, if I had taken our son out of state, I would already be behind bars!

 

[casa]

Contempt is all in the works... trial scheduled for January.

Our court order does read Joint legal and I have sole physical, with my address to be used for education etc....

My first attorney said Dad could not enroll son in out of state school. He did. Attorney said un-enroll him...I did. Dad got them to keep him enrolled and they have let him attend school. School in MO has been holding transfer of records, per our court order.

Now they are saying that they cannot hold them.

OK, now I need some VERY CLEAR answers from you:

1) Do you have a COURT ORDER which SPECIFICALLY STATES that Dad is NOT to have access to the child's educational records? Yes or No? If the answer is No, then Dad has every Right to the records.

2) Dad should not have enrolled son in out of state school because he DID NOT HAVE PHYSICAL CUSTODY. So, you pursue him legally for CONTEMPT & Violation of the Court Order. You did. You have trial in January.

What is confusing about this for you?