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martina6

Junior Member
What is the name of your state? Minnesota

I am a non-custodial parent, but I pay half of day care. I recently found out by accident that my daughter is not attending the day care program at her school, but my ex never told and I have been paying her. I called the program to request attendence infromation but they said they wouldn't send it to me because it's under my ex's name. Do I have a right to my daughter's attendence records? I believe they are worried about sending me billing information, but I just want to know when she is at the day care and when she isn't.

Please advise. My ex is extremely combative and accusing me of harassing the day care people (I've only made two phone calls).
 


casa

Senior Member
martina6 said:
What is the name of your state? Minnesota

I am a non-custodial parent, but I pay half of day care. I recently found out by accident that my daughter is not attending the day care program at her school, but my ex never told and I have been paying her. I called the program to request attendence infromation but they said they wouldn't send it to me because it's under my ex's name. Do I have a right to my daughter's attendence records? I believe they are worried about sending me billing information, but I just want to know when she is at the day care and when she isn't.

Please advise. My ex is extremely combative and accusing me of harassing the day care people (I've only made two phone calls).

It's my understanding that a parent can access medical and educational records whether or not they have custody- The problem here is the rules within that specific daycare...especially with private daycare providers, this seems to be a problem.

Do you have joint legal custody? If so, bring your court documents into the daycare in person, pay the copy fees (if any) and sit in the office and wait for them to give you the records.
 

Ambr

Senior Member
Just a suggestion......

Quit paying the ex and make your payments DIRECTLY to the center. I understand it is only 1/2, but I would still pay it direct - unless your papers state differently.

Not only does that make it clear that your payments go to the center (which they were designed to before), but it also makes you familiar with the people who work at the center. And when you are paying the bills, they tend to be a little nicer to you.

Plus --- if little Suzie only goes 2 days, you only pay 1/2 for two days. Plus you know the correct dollar amount each week. Your ex can't say, well she went all month and collect full amount when She only went 2 weeks.
 

martina6

Junior Member
This day care is through the school district and housed at the elementry school. This is a state program, not private. I'm reluctant to pay the day care directly because my ex has poor money management and often has to pay late fees. I'm already having problems on a medical bill because she won't pay her half.
 

Ambr

Senior Member
martina6 said:
This day care is through the school district and housed at the elementry school. This is a state program, not private. I'm reluctant to pay the day care directly because my ex has poor money management and often has to pay late fees. I'm already having problems on a medical bill because she won't pay her half.

BUT....

If you walk in and ask what the fees for the week are, say $40 for the week (without late fees or balances due). You say, here is my $20, please give me a receipt. And YOU are covered.

I am just thinking that if your ex is bad about NOT paying the bill. Then she could have an "open window" to return to court and says --- there is a delinquent bill for daycare in the amount of XX amount of dollars because he is not helping to pay costs.

It would be your word against hers that you were paying your 1/2. Where if you paid direct, you could have cancelled checks showing it.

PLUS.....don't know the specifics on your state, but some states (mine included) consider money paid directly to the parent a "gift" and it doesn't count towards money due (like CS or daycare expenses, etc.)

What do your papers say?
 
Also isn't there an Act that states that parents have a right to this info regardless of custody? I thought there was like FERPA????? or something like that someone on here will definately know. If there is an act print it out and go to the school showing them a copy and sit until they give you access to her records. Good Luck hope this helps....
 

casa

Senior Member
SMURFEELAW said:
Also isn't there an Act that states that parents have a right to this info regardless of custody? I thought there was like FERPA????? or something like that someone on here will definately know. If there is an act print it out and go to the school showing them a copy and sit until they give you access to her records. Good Luck hope this helps....

There is and I used to have it handy, but no longer do. (My nuttyX tried to say I denied him records at one point -Untrue, he hadnt even discussed the issue with me!- and this law was pointed out to him.) Father needs to go IN PERSON to the daycare and request his child's records...then sit there until he gets them.
 
I agree 100% with CASA about going in person. If they don't hand the records over start talking Civil Law Suit for violating the ACT that gives you a right to those records (I doubt they will call your bluff)
 
Ambr said:
FERPA covers school records, but would it be applicable to the daycare program provided by the school?

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


I would guess it would ONLY b/c the after school care is provided by the school so it would be a part of it I would think. Well at least it is worth a shot either way for this guy.

I think being there in person with the act in his hand and the demand for the records would be enough to make the school figure it isn't worth a fight. To the OP---Would anyone at the school know you/ recognize you. Take your custody and visitation order as well so they know your not just a dad popping up out of no where.
 

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