Soul
recently joined
Reged: 09/18/06
Posts: 3
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I'm a mother that lost physical custody of my children. I'm now planning on going back to court and am arranging all proper documentation. Among many documents I will need for my representation are their school records. I was told by someone (not a lawyer obviously)that since I had lost physical custody and have no visitation rights at this time, the school more then likely will have to ask the other parent for "approval" Is this true? If not true How or what should I do to get them?
I thank you all ahead of time for all the help
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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You would have to subpoena them.
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CustodyIQ
recently joined
Reged: 09/22/06
Posts: 3
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If you still have joint legal custody, you're entitled to them.
It's worth just asking the school for them. If you get them, you get them.
If not, you don't. And then you can ask your ex to give them permission to release the records to you.
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www.CustodyIQ.com
Child custody advice
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Curmudgeon
Pooh-Bah
Reged: 06/02/05
Posts: 2002
Loc: MO Ozarks
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Unless it's changed recently, the Familyt Codes provides that any parent has the right to access both school and medical records regardless of custodial status. There is also a federal law that prevents schools from withholding information.
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What me worry. I'm retired!
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Curmudgeon
Pooh-Bah
Reged: 06/02/05
Posts: 2002
Loc: MO Ozarks
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Here's the statute, Section 3025 of the Family Code:
3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent.
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What me worry. I'm retired!
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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The only reason I said she should subpoena them is because she wants to use them in court. Most courts do not allow one party to hand-carry evidence to the courtroom because papers can be tampered with.
She does have the right to get the records herself for her own use, but for court she needs to subpoena them.
Cinder
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