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LdiJ

Senior Member
Bill, "access to the records" is not the same as the ability to "change" the records. If schools allowed both parents to freely change the records, it could be a real mess.

I understand your point regarding changing the records, when the ncp can prove that the records are not correct.....and many schools would change them in that circumstance. However, the school is not your wife's problem, dad and stepmom are. Your wife need to focus her energy on resolving that problem.
 


Ohiogal

Queen Bee
So, Ohiogal, does this mean that my wife could potentially have a case against the school, for them saying "we need to call dad before changing the records." She isn't really wanting to go after the school, she simply wants the records corrected without any hassles. If they were to call dad, trust me, there would be hassles. Again, this is the same guy that asked my wife why she didn't consult him before she married me.

Thanks to all of you for the replies, they have been very helpful.

-Bill

Yes it does mean that she can drag the school into court or threaten to do so because they are violating the law. they would most likely have to pay attorney's fees and may be found in contempt. Mom may not get any financial gains but she could teach them a lesson so to speak. And the school should NOT be calling dad.
 

Ohiogal

Queen Bee
Bill, "access to the records" is not the same as the ability to "change" the records. If schools allowed both parents to freely change the records, it could be a real mess.

I understand your point regarding changing the records, when the ncp can prove that the records are not correct.....and many schools would change them in that circumstance. However, the school is not your wife's problem, dad and stepmom are. Your wife need to focus her energy on resolving that problem.

Ldij, mom and dad are on equal footing here. They both have a right to make sure the records are correct and correct any problems with them -- including replacing stepmom's name with mom's. Stepmom is NOT mom. The school is breaking the law and needs to be informed of such and held accountable. Dad and stepmom are a problem but so is the school as BB and I both pointed out.
 

BL

Senior Member
Ldij, mom and dad are on equal footing here. They both have a right to make sure the records are correct and correct any problems with them -- including replacing stepmom's name with mom's. Stepmom is NOT mom. The school is breaking the law and needs to be informed of such and held accountable. Dad and stepmom are a problem but so is the school as BB and I both pointed out.

As I stated also , under the FERPA .

The Law requires a school district to : ( 2 ) provide a parent an opportunity to seek correction of records he or she believes to be inaccurate or misleading .

FERPA : The Office administers the FERPA which addresses issues that pertain to educational records .

Contact the right person at the school ( perhaps the Director of Pupil Personnel ) in writing , with your proofs and demand the records be " corrected " .

Also send a copy to : Family Policy Compliance Office ,U. S > Department of Education , 600 Independence Avenue SW , Washington DC 200202 - 4605
 

Ohiogal

Queen Bee
As I stated also , under the FERPA .

The Law requires a school district to : ( 2 ) provide a parent an opportunity to seek correction of records he or she believes to be inaccurate or misleading .

FERPA : The Office administers the FERPA which addresses issues that pertain to educational records .

Contact the right person at the school ( perhaps the Director of Pupil Personnel ) in writing , with your proofs and demand the records be " corrected " .

Also send a copy to : Family Policy Compliance Office ,U. S > Department of Education , 600 Independence Avenue SW , Washington DC 200202 - 4605


Sorry BL. Wasn't trying to leave you out. Mom does have federal and state law behind her. Just because the school doesn't want to take the trouble doesn't mean they have that right. If the parents (mom and dad) want to make changes daily to the child's records they have that right and the school cannot stop them.
 

BL

Senior Member
Sorry BL. Wasn't trying to leave you out. Mom does have federal and state law behind her. Just because the school doesn't want to take the trouble doesn't mean they have that right. If the parents (mom and dad) want to make changes daily to the child's records they have that right and the school cannot stop them.

That's ok , I went through the similar record(s) with " step Dad to be " in place of my name ( it's ironic every man She meant She wanted me to give up my rights and have them adopt the children ) , and FERPA will send the school a Letter if need be . Just wanted the poster to know .

With all that we have given the poster , there shouldn't be a problem .
 

LdiJ

Senior Member
Ldij, mom and dad are on equal footing here. They both have a right to make sure the records are correct and correct any problems with them -- including replacing stepmom's name with mom's. Stepmom is NOT mom. The school is breaking the law and needs to be informed of such and held accountable. Dad and stepmom are a problem but so is the school as BB and I both pointed out.

I was addressing the wording that he quoted from our Indiana Parenting Time Guidelines. They have more problems with dad and stepmom than just the school records. They need to address all of it in court. If dad is ordered to properly fill out the school records, then the problem is eliminated anyway.
 

JBMD

Member
What is the name of your state? IN

From reading posts, I know a lot of you get rather irritated when a stepparent referres to kids that are not biologically theirs as "Ours" and also use "We." I'm just itching to see some of the responses to this one. Here's the backstory:

I'm married to a woman who has four kids from a previous marriage. Her ex is custodial parent, and was re-married in July. Until the point of his marriage, things were pretty friendly, no complications. Of course, after he was remarried, things changed. He just took my wife back to court to attempt to get her visitation suspended, which he, of course, was unsuccessful in doing. Here's where it gets good...

At the hearing, he presented my wife with a three page typed letter to the judge by, you guessed it, his new wife. In it, she used your favorite terms "we" and "our" in regards to the kids well over 50 times, and what she (the stepmom) feels should be done. The fact of the matter is, almost none of the letter is true, which can be easily proven, and her knowledge of anything would be non-existant, due to the fact that she has only been here once and, on top of that, they refuse to give my wife a number at which she can reach her kids at. In the letter, she claimed that my wife "refuses to work," even though she has a fulltime job. She claims that "we have talked about" this, and "we have talked about" that, yadda, yadda. Her "facts" are sorely incorrect and again, can easily be proven so. Basically, it's a "let's get mom out of the picture" letter," while trying to appear that that isn't the intention. But, here's the kicker....

My wife has asked for school records, medical records, copies of birth certificates for the girls, etc, which she is fully entitled to. Her ex simply refused the information, not even telling her that he decided to move the kids to a new school. Finally, my wife simply got the contact information, went into the school personally and got the school records she wanted. There has still been no medical records mailed to her, though her ex and his new wife claim that the kids visit the doctors often, and they also try to push the blame on us. For examply, one of the girls has hypothyroidism, while another is bi-polar. They claim that the girls wouldn't have these problems if mom's visitation was taken away.

While looking over the school records, my wife learned why her ex didn't want her to have the information... The enrollment forms, filed with the school, was under an address that they do not live at. They live at least 20-25 minutes away from the school, which is well out of the school's district... Had they put their real address, which was verified in court, the kids would not be allowed to even attend the school. Also, and this is the clincher... Under the mother's name slot? You guessed it, the new stepmother... Her contact info, etc, etc... There is even a note on the enrollment forms stating that, in the event of an emergency, "Call Mom - works from home" obviously referring to the stepmother. They also claim that the children live "with both parents," when there is the option of "Lives with one parent." The birth mother, my wife, is not even listed as an emergency contact, or on the enrollment form in any manner whatsoever, for that matter. The enrollment forms were filled out by the stepmother and signed by the father. In other words, she wrote them, he signed them.

Now, back to that three page letter... The first thing listed in this letter is: "It is not my intention to replace her (my wife) as the girls' mother." If she's not trying to replace my wife as the mother, why is she putting her name on school documents as the mother of the kids?

Basically, my wife is planning on taking her ex back to court regarding matters that he has refused to do, blatantly violating the divorce decree (Not providing her with documentation from school, medical visits and refusing visitation is a small example). The main questions she has, and I figured I'd post it here: Is there anything she can do regarding the stepmother overstepping her bounds when she wrote the letter to the judge and falsifying the school records? Could the school records be potential proof that the stepmother is in fact attempting to shut the biomom out of the girls' lives? If so, what should be done? What's the maximum penalty that would be incurred on the stepmother for the interference? Could my wife file for change in custody based on it? She's just looking for the best route to go regarding the entire mess. Any help would be appreciated.

-Bill


Not sure what the distance between parents is in your situation, but that could have some bearing on the situation. I'll tell you a brief story about my issue and how it was handled: My ex lived in VA, and I in NY ... she did not put me on the school records (her excuse was that I was too far away to do anthign anyway!). I moved to MD to be closer to son, ex then proceeded to move to OK ... enrolled son in school and did not lis tme on the paperwork at all ... I, of course, was furious again ... we were in court to fight the move to OK .... and basically the judge couldn't have cared less if i was put on the form or not, he didn't even blink at the paperwork that listed her new husband as "dad" .... my lawyer stated that she would not communicate with me regarding his activities and would not send school records or any other records ... her lawyers response was that if I wanted to be an involved father that I needed to call the doctors and contact the school to get my sons information. Long story short and my point .... It may not mean a bushel of anything that ex put step mom's name as mom! It cost us a lot of money and now we live in OK to be near my son!!! And now my name is appropriately affixed on the school records as DAD!! And now I take my son/go with the ex to ALL doctors appointments!

Not sure if you live close or not! If you do then your wife should just fight to be involved more .... instead of screaming "he doesn't tell me anything" ... cause that won't get you far!

Hope this helps!!

Happy New Year!
 

BLeonard

Member
Not sure what the distance between parents is in your situation, but that could have some bearing on the situation. I'll tell you a brief story about my issue and how it was handled: My ex lived in VA, and I in NY ... she did not put me on the school records (her excuse was that I was too far away to do anthign anyway!). I moved to MD to be closer to son, ex then proceeded to move to OK ... enrolled son in school and did not lis tme on the paperwork at all ... I, of course, was furious again ... we were in court to fight the move to OK .... and basically the judge couldn't have cared less if i was put on the form or not, he didn't even blink at the paperwork that listed her new husband as "dad" .... my lawyer stated that she would not communicate with me regarding his activities and would not send school records or any other records ... her lawyers response was that if I wanted to be an involved father that I needed to call the doctors and contact the school to get my sons information. Long story short and my point .... It may not mean a bushel of anything that ex put step mom's name as mom! It cost us a lot of money and now we live in OK to be near my son!!! And now my name is appropriately affixed on the school records as DAD!! And now I take my son/go with the ex to ALL doctors appointments!

Not sure if you live close or not! If you do then your wife should just fight to be involved more .... instead of screaming "he doesn't tell me anything" ... cause that won't get you far!

Hope this helps!!

Happy New Year!

Thanks for the info... The distance is not a factor... It's a half hour at most. The funny thing is, with the positioning of the school, it's actually a shorter distance from our house to the school than it is from his house to the school.

And, as I've said, the school records is just one of the long list of items he has failed to do. He's been denying visitation, he's made unilateral decisions without at least consulting my wife, etc, etc. My wife and I went through her divorce decree and Indiana Parenting Time Guidelines packet (They were stapled together) and highlighted all things that he has violated, refused, etc. Things that are clearly stated, such as immediately reporting medical information to the other parent, he doesn't do. He's claimed that the girls "don't want to" visit my wife, though he refuses to allow them to say it to her face and, based on his saying "they don't want to," refuses visitation that way as well. But, and this was funny, he asked my wife to have the girls on FATHER'S DAY WEEKEND, so he could spend time with his new wife. Really, the whole school thing is just one more round of ammunition that my wife has on his repeated failures to follow the rules. Then, to top it all off, as I stated in my first post, the stepmom sent a letter to the judge, telling the judge what "we" (meaning her and my wife's ex) feel is best for the kids. In a 2 1/2 page letter, she used "we" and "our" over 50 times. From all that I have read, Judges don't like that at all.

The bottom line is, she plans to file for contempt, and I have read that if you have several instances of violations, it's better to report them all, as opposed to filing for contempt each and every time someone sets a foot out of line. My understanding is, the more you have on someone proving that they are violating the divorce decree, the more severe the penalties will be.

Understand, this guy is a piece of work. Like I said before, when my wife and I got married, his first response to it was, "Why didn't you consult me about it first?" We were planning to pick the girls up for parenting time on one of my wife's weekends, using a different vehichle than we usually do. He said "I'm not letting you take them... I won't be home at that time to inspect the vehichle." He's gone as far to say "When the girls are with you, if they misbehave, call me before punishing them. I'll tell you what to do." The guy got mad one time when my wife painted their fingernails the wrong shade of red... Welcome to my wife's reality... :)

-Bill
 

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