Is information about school available to both parents who share joint custody? 6 Answers as of May 20, 2011

I have a court order with joint, legal, and shared physical custody. I am trying to get information about my daughter’s school. I would like to be put on the emergency contact list and be able to sign her out of school if necessary. Also I want to find out her days present and absent. I showed the school my court order but I guess they said they cant release the information because her mother is the one who signed her up. They said the order needs to say it so they can. But it clearly states "joint custody” which means that I am to have a say so in education, health, religion, etc. It does not make sense to me. I have looked up the family law code witch also states I have a right to know! Please help thank you.

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Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Parents have a right to their children's school records. California Family Code Section 3025 provides "[n]otwithstanding 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." I hope this helps. Good luck.
Answer Applies to: California
Replied: 5/20/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
You are the parent - father of the child. Legal custody is usually 50/50. Legal custody means you have a say which school the child can attend, what religion the child will be raised, when the child will learn to drive, etc. Those are some of the items in legal custody. Does the school have an order keeping you away? Does it mean that whoever signs up the child for school is the ONLY one that can have a say over the child in school??? Never heard of that. Why is the school taking sides??? Are they relatives of your wife?? Joint means that both participate in raising the child. Ask to see what they have to keep you away! Ask to get put on the Emerg. Card.
Answer Applies to: California
Replied: 5/18/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you are entitled to school records and involvement by law. However in the real world, the schools, doctors others do not recognize your legal rights. Go to court and create problems for your ex.
Answer Applies to: California
Replied: 5/18/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You are right. They are wrong. Instead of going to Court for specific Orders, since the ones you already have should be sufficient, file an Order to Show Cause, re: Contempt, and join the school. That will get their attention. Bring them in to explain the Court why they refused to honor the lawful and valid orders of the Court.
Answer Applies to: California
Replied: 5/18/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
It is sometimes difficult to get "lay people," such as school personnel to fully understand or cooperate with a parent's legal custody rights. I'd suggest calling the school principal or highest person on the food chain and see if that person will help you. If not, you always have the option of asking the other parent for the info you mentioned, such as days present/absent. That other parent also has a legal obligation to share your child's school info, and to assist in getting you listed as an emergency contact, etc. If you keep getting stonewalled by both the school and other parent, then you have the option to seek a custody modification order to switch her school because of said stonewalling. Be sure to document the situation in writing by writing letters to both the school and other parent. You will need that as evidence at any custody modification hearing. Good luck!
Answer Applies to: California
Replied: 5/17/2011
    The English Law Firm
    The English Law Firm | Robert English
    If you have joint legal custody, you are entitled to all information about your child's education and school. The school is wrong.
    Answer Applies to: California
    Replied: 5/17/2011
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