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  1. #1
    Join Date
    Nov 2010
    Posts
    3

    Default How Can a NCP Get Copies of School Records and School Notices

    My question involves a child custody case from the State of: TN

    My son is the biological father of a school aged child who is enrolled in another part of the state (TN). He lives with his mother who has sole custody and has 100% of education decisions. They were never married but his name is on the birth certificate & the courts have recognized him as the father (dna test). My son wants to start receiving information from her school (mom wont send anything). I called the school and asked and then faxed them a request letter with the court papers stating he is the father. My questions are:
    1- what are the schools required to send? (will he get a copy of everything in her school folder including grades and any notes from mom?)
    2- what can he do if he gets nothing or not what he has rights to get?
    3- can mom stop him from getting anything since she has 100% educational decisions (we think she’ll fight it)?
    4- we want to visit the school to eat lunch with her and to go on field trips. Can mom stop this?

    Thank you for time. We have a lawyer but we don’t get many answers. He just said to send a letter (and we did) and just keeps saying wait (that’s all we ever do).

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: School Records and School Visits (Lunch/Field Trips)

    The answer depends upon the wording in the custody agreement. One: does your son have any legal rights to his daughter? Do he and his ex have joint legal custody? Two: what, exactly, does the order say regarding education?

  3. #3
    Join Date
    Nov 2010
    Posts
    3

    Default Re: School Records and School Visits (Lunch/Field Trips)

    He has visitation on alternate weekends and alternate holidays. It says she had full primary legal and physical custody.

    Those days are listed in a Permanent Parenting Plan Order. Under Major Decisions it says: Major decisions regarding each child shall be made as follows: Educational decisions: mother, Non-emergency health care: mother, Religious upbringing: joint, Extracurricular activities: mother.

    Then under Rights of Parents it says: Under TCA 36-6-101 of Tennessee Law, both parents are entitled to the following rights:
    (4) The right to receive directly for the chil's school any school records customarily made available to parents. (the school may require a written request which includes a current mailing address and upon payment of reasonable costs of duplicating) These inclued copies of the child's report cards, attendance records, names of teeachers, class scheduled, and standardized test scores.
    (7) The right to be given a least forty-eight hours notice, whenever possible, of all extra-curricular activities, and the opportunity to participate or observe the. These include the following: school activities, athletic activities, church activities, and other activities where parental participation or observation would be appropriate.
    (9) The right to access and participation in education on the same basis that is provided to all parents. This includeds the right of access to the child for lunch and other activities. However participation or access must be reasonable and not interefere with day-to-day operations or with the child's educational perforrmance.

  4. #4

    Default Re: How Can a NCP Get Copies of School Records and School Notices

    Quote Quoting TNGrandma
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    1- what are the schools required to send? (will he get a copy of everything in her school folder including grades and any notes from mom?)
    They often aren't required to SEND anything. They're typically required to provide ACCESS. More and more schools these days keep gradebooks and assignments online for parents to access at their leisure. Unless the notes have some direct bearing on the child's education, no, he shouldn't be expecting to see every note that mom might send to school. For example, "Please make sure Child X doesn't forget their jacket" isn't educationally significant, and the school system would screach to a halt if they had to mess with such nonsense times thousands of students.

    2- what can he do if he gets nothing or not what he has rights to get?
    He talks to the school about it.

    3- can mom stop him from getting anything since she has 100% educational decisions (we think she’ll fight it)?
    Mom doesn't get to tell the school what to do. This is between dad and the school.

    4- we want to visit the school to eat lunch with her and to go on field trips. Can mom stop this?
    Legally, there is no "we". The school has no obligation to YOU, only to dad. Tyipcally if you're accompanying dad, it won't be an issue - but it's important that you're aware of this in the event of disputes, requests for disclosure of info from the school, etc. If the school permits lunch visits and the like, then either parent (and you, if with dad) may participate. Again, this isn't mom's school to run. What mom COULD do is swawk, or, she could start showing up herself and playing the "I got here first" card. If that happens and the school finds such encounters to be disruptive, they may bar BOTH parents from such activity. If a pattern of conflict over at-school visitation develops, then dad can certainly ask the court to more fully define the orders in place, or, he can seek to have the order modified to address the issue.

  5. #5
    Join Date
    Nov 2010
    Posts
    3

    Default Re: How Can a NCP Get Copies of School Records and School Notices

    Thank you, thats the information I was mainly looking for. I talked to the school today and mom has told them only to talk to dad and not me. And asked what he wanted and he didnt know what we were allowed to ask for (she's in kindergarten so no grades yet). (we just asked for copy of everything in files). He just wants with be involved with his daughter more than just every other weekend. The mom is very involved with the school (all field trips/parties etc) so I am sure she'll do everything to stop us. I just want to make sure dad gets everything he's entitled to.

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