This is a doozy...

[CJane]

Yes, she is expected to file a response to his filing... and yes she should bring the denial up in court, however, expect for her to answer why all of a sudden it's now an issue.

And OP, a 'response' is NOT the same thing as a 'letter'.

If you're really this clueless about his accusations and reasoning, and what you're supposed to do in response to his motions... you REALLY need to hire an attorney.

 

[BLeonard]

"And although the guidelines state that, it's trivial when mom knows where they go to school and can get the information on her own, especially when you want to argue that the distance is not far. As far as the false address, that's not going to be a custody breaker either."

That's the thing... the mother does NOT know where they go to school, we only know it is in Huntertown (Small city about halfway between Ft. Wayne and Auburn). He has told her that he "will not allow" her to have the information... By law, he is REQUIRED to provide it. I never said it would be a custody breaker. The only fact I'm pointing out is that he is breaking the law. We knew nothing about ANY of this until mid-September, after the girls returned to school.

"Under Indiana law, both parents are entitled to direct access to their child’s school records, Indiana Code ' 20-10.1-22.4-2."

The cats are indoor cats, so even the flea accusation is very minimal. What a lot of people here are not understanding is that he thinks that because he is the "custodial parent," he can dictate everything, from what they eat, how often they have baths, what type of soap is used, etc, including how the girls are disciplined while in our home. They last left here on the 8th of October. This letter was filed on October 19th, less than 24 hours before the girls were scheduled to visit next. We didn't even GET the letter until AFTER he called on the 20th saying "I'm not allowing the girls to go down there until you move." If the fleas were that big of a deal, why has it not been an issue for the past year? As I said, nothing has changed. We've had the cats the entire time, and they have had fleas before.

And, the reason the visitation is now an issue is the fact that before, even while not following the visitation schedule to the letter, she was getting to at least see the kids on her weekends and arrangements were made for holidays. Now, he's disallowing ANY visitation, which is unacceptable to my wife and, when parents disagree on visitation, unless otherwise specified in the decree (which there is no specification), the visitation schedule takes precedence. Due to him disallowing any visitation, she is now reverting to the schedule to exercise her visitation rights.

She has already contacted the police regarding the noncompliance last week, and intends to do so any time he disallows her visitation during the time allotted to her in the state schedule.

-Bill

 

[CJane]

That's the thing... the mother does NOT know where they go to school, we only know it is in Huntertown (Small city about halfway between Ft. Wayne and Auburn).

How small of a town? How many elementary schools are there in this town? Too many for mom to call 'em up and say "Hi, this is CHILD'S mom, MOM'S NAME, and I'm wondering what you need me to send you so that I can get copies of CHILD'S progress reports."? I'm thinking not.

"Under Indiana law, both parents are entitled to direct access to their child’s school records, Indiana Code ' 20-10.1-22.4-2."

And no one is barring her access. She's not attempting to access the information.

What a lot of people here are not understanding is that he thinks that because he is the "custodial parent," he can dictate everything, from what they eat, how often they have baths, what type of soap is used, etc, including how the girls are disciplined while in our home.

I'll bet, if you took a poll, you'd find that at least 90% of the 'other parents' are like that - custodial or not. It's irritating, but it's not against the law.

 

[CJane]

You're right, that WAS too hard.

3.5 seconds on www.switchboard.com

Huntertown Elementary School
15330 Lima Rd
Huntertown, IN zip code
Phone: (260) 637-3181

You're welcome.

 

[fairisfair]

You're right, that WAS too hard.

3.5 seconds on www.switchboard.com

Huntertown Elementary School
15330 Lima Rd
Huntertown, IN zip code
Phone: (260) 637-3181

You're welcome.

um . . . CJane, would you mind calling for them?? LOL

 

[CJane]

um . . . CJane, would you mind calling for them?? LOL

I should charge for my services.

 

[BLeonard]

You're right, that WAS too hard.

3.5 seconds on www.switchboard.com

Huntertown Elementary School
15330 Lima Rd
Huntertown, IN zip code
Phone: (260) 637-3181

You're welcome.

And, suppose us being resonable human beings, tried to do this before posting in the first place and the school replied, "You're not listed as the mother." (Ex put new wife as their mother on school records). What would you say to that?

-Bill

 

[Silverplum]

And, suppose us being resonable human beings, tried to do this before posting in the first place and the school replied, "You're not listed as the mother." (Ex put new wife as their mother on school records). What would you say to that? -Bill

I'd run and hide under the dining room table!

Geez. Go to the school. Take the birth cert, the divorce decree, the parenting plan, the driver's license. Prove the case. Not too tough if it's true.

 

[fairisfair]

And, suppose us being resonable human beings, tried to do this before posting in the first place and the school replied, "You're not listed as the mother." (Ex put new wife as their mother on school records). What would you say to that?

-Bill

I would say, oh yeah, well here are copies of their birth certificates and here is a copy of the custody papers. So now, would you like my address so that you can send me the information I am requesting??

 

[Silverplum]

I would say, oh yeah, well here are copies of their birth certificates and here is a copy of the custody papers. So now, would you like my address so that you can send me the information I am requesting??

See? Functional, reasonable adults.

 

[fairisfair]

I'd run and hide under the dining room table!

Geez. Go to the school. Take the birth cert, the divorce decree, the parenting plan, the driver's license. Prove the case. Not too tough if it's true.

dang you silverstreak. you are just too fast for me today.

 

[fairisfair]

See? Functional, reasonable adults.

Well ,ummmm, now, let's not get carried away . . . . . You should have seen me this a.m.

 

[Silverplum]

dang you silverstreak. you are just too fast for me today.

Beep, beep!

 

[Zephyr]

OP once your wife does drive herself over there and prove she is the mother of these children she also need to get copies of all the document where dad has listed new wife as mom, give those to her lawyer before she goes to court

you also have not clarified the nature of the accusations even though you have been asked numerous times- are we to assume that the only complaint in the filing is the fleas?

 

[Silverplum]

OP once your wife does drive herself over there and prove she is the mother of these children she also need to get copies of all the document where dad has listed new wife as mom, give those to her lawyer before she goes to court

you also have not clarified the nature of the accusations even though you have been asked numerous times- are we to assume that the only complaint in the filing is the fleas?

Not bloody likely.