"Emancipation Inquiry"

Posted by: BoysMom9496

"Emancipation Inquiry" - 02/08/07 04:41 PM

Well, I had done some research, and wondered if it would be coming since SS will be turning 18 at the end of April - the "Emancipation Inquiry" - sent to BM and copied to DH. Although I am actually pleasantly surprised the Domenstic Relations office was on top of it, considering they stand to lose...

You may remember my situation - SS is living overseas with BM and military SF. He has been failing most classes for the last approx. five years, and according to BM will have at least two or three more years of school before he can graduate - of course that was IF he chose to miraculously buckle down and apply himself all of a sudden this year, and that is not happening.

The Emancipation Inquiry asks for date that the child will turn 18 and the date of graduation from high school. Unfortunately, it doesn't ask how much longer the kid will have in high school - it doesn't specifically say "projected" date of graduation from high school, so they will have no idea this rediculous situation is going on. I don't think that the intention of the "C.S. until 18 or graduation or whatever comes later" rule in PA was to encourage the hope that the kid will not graduate in a timely manner. I don't know if that's her game for certain, but I guess we'll see. It is not conceivable at this point that he will graduate, but she can go on with this as long as he stays in school. And we won't even know if he quits unless either one of them chooses to tell us! Although we didn't PUSH the issue (DH isn't that type), the overseas school has not been forthcoming with information to give to a "non-sponsor." I wonder how long the school will let a student go on failing...will they allow a 20- or 21- year-old kid in high school?

BM did tell DH that she told SS that she can't actually make him go to school after he turns 18, so we'll see.

I'm just venting, I guess. What a sad situation. He has his father's intelligence (high), but he's just got his mother's laziness, it seems! If he had chosen to apply himself, he would have had a completely free college education through my work. What a waste!

Thanks for listening.
Posted by: googledad

Re: "Emancipation Inquiry" - 02/08/07 04:51 PM

5309. Access to records and information.
(a) General rule.--Except as provided in subsections (b) and (c), each parent shall be provided access to all the medical, dental, religious or school records of the child, the residence address of the child and of the other parent and any other information that the court deems necessary.
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. The age of majority in PA is now 18 or graduation from high school whichever occurs later (23 PA CS section 4321). It does not occur automatically. PA no longer recognizes a statutory cause of action for post secondary educational support. 23 Pa.C.S.A Section 4327(a) was rules unconstitutional in 1995 by the Supreme Court of PA in the Curtis vs. Kline case. However, contractually based agreements for post secondary educational support contained in marital separation agreements are enforceable.

Your husband is entitled to all educational records for the child and support may continue until he graduates high school .
Posted by: Miranda

Re: "Emancipation Inquiry" - 02/08/07 04:54 PM

I would also suggest contacting the DODDS school in Germany. When I was there, DODDS did not allow adult students or at risk adults to go to regular high school, and there was no alternative school for them.

What base is he at, and I can find some contact info for you.
Posted by: almostheaven

He is but... - 02/08/07 04:57 PM

American laws won't work as well in foreign countries. They're not bound by them.
Posted by: googledad

Re: He is but... - 02/08/07 04:59 PM

The other parent is bound by the laws of the state custody was established .
Posted by: BoysMom9496

Re: "Emancipation Inquiry" - 02/08/07 05:09 PM

He is in Hanau, Germany. I have checked the Web site for the Hanua American High School pretty extensively, and see nothing about how long he can stay there - just the number of credits required to graduate, and BM had said he's only got about half of them.

We e-mailed the superintendent and gotten no response. Like I said, DH doesn't like to rock the boat (unfortunately), so I didn't push the issue of him pushing it. He assumes they will not deal with him - I think he doesn't want to tick off BM for fear of repercussions, also. Since they obviously won't communicate with me, I'm not sure what more to do...other than whine about it, I guess. :)

Thanks for your post and anything else you can find out!
Posted by: BoysMom9496

Re: "Emancipation Inquiry" - 02/08/07 05:13 PM

Also - I had contacted BM (we're on decent terms) and asked for contact information at the school (like the guidance counselor) so that DH can stay in touch with them (and so that maybe if SS knew he was getting first-hand info. SS would be more inclined to not let him hear bad reports), but she didn't respond. I'm sure she b*tches that DH isn't helping out with SS's issues (while they're on another freakin' continent), but then doesn't help him get the info. he needs!

Sorry, getting myself worked up now... :)
Posted by: Miranda

Re: He is but... - 02/08/07 05:15 PM

[quote]American laws won't work as well in foreign countries. They're not bound by them. [/quote]

I don't understand that at all. Military bases are indeed American soil. We have SOFA agreements with the host nations, but you are indeed bound by American laws while stationed overseas.

This woman could lose her command sponsorship and be shipped back stateside if she is not following the rules/laws of the base and the installation commander.
Posted by: Miranda

Re: "Emancipation Inquiry" - 02/08/07 05:16 PM

Call the school yourself. I don't know how much info someone would send to you in an email. You can also send certified mail to the super. to ensure he/she got it.

THe USPS is over there and run by the military members.
Posted by: googledad

Re: He is but... - 02/08/07 05:17 PM

It doesn't matter if the school won't cooperate , it's the other parents obligation to follow the CO or be in contempt .
Posted by: BoysMom9496

Re: "Emancipation Inquiry" - 02/08/07 05:19 PM

That's true - good idea. If it gets to the point where C.S. is going on and we're not getting updates, I'm going to suggest he send the certified letter.
Thanks!
Posted by: Miranda

Re: He is but... - 02/08/07 05:19 PM

[quote]It doesn't matter if the school won't cooperate , it's the other parents obligation to follow the CO are be in contempt . [/quote]

Well my point is this: if I email the superintendent of the school from [email protected] claiming to be someone's parent the super would not release any kind of information to that person. How is she/he to know if this is an actual parent.
Posted by: googledad

Re: He is but... - 02/08/07 05:22 PM

Email the court order too .
Posted by: Miranda

Re: - 02/08/07 05:22 PM

Yup or fax it!!
Posted by: Sherron

Re: He is but... - 02/08/07 05:23 PM

Miranda, I was just going to say the same thing. American bases are Amercian soil, no matter what country they are in. Is the school on a base?
Posted by: almostheaven

Re: He is but... - 02/08/07 05:25 PM

It still doesn't trump the school. The law allows an NCP access to school records through the school. And regardless of what is ordered of the parents, they cannot enforce a foreign school to abide by this. They can't even necessarily enforce the parent living on foreign soil unless that country will enforce the order.
Posted by: almostheaven

Re: He is but... - 02/08/07 05:26 PM

Didn't realize it was a military school. If so, then yes, it would be American soil and bound by the law here.
Posted by: Miranda

Re: - 02/08/07 05:28 PM

[quote]Didn't realize it was a military school. If so, then yes, it would be American soil and bound by the law here. [/quote]

DODDS is Department of Defense D (something) Schools. I forget not everyone knows these acronyms.
Posted by: almostheaven

Re: - 02/08/07 05:28 PM

COs can often be copied by the public or obtained online even. The school would need ID as well. They'd need to show a BC of the child to show they're the parent, then ID to show they're who's listed on the BC.