What should I do if I was not notified of a meeting as mandated by my child custody order? 4 Answers as of February 14, 2011

My ex husband and I share legal custody and shared physical custody. It is his responsibility to inform me when medical or educational decisions are being made for our four minor children. An IEP (individual educational plan) meeting was scheduled and attended, however, I was not informed of this meeting until my son just told me. What action can I take against the county and my ex husband?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
You should inform the school that you would like to be notified of any further IEP meetings directly so you do not need to rely and the other4 parent informing you. I do not know if you have any action to bring against the County, but you should let the other parent know you expect to be made aware of these and other important meetings in the future. If he continues to deny you information and violate the custody order, you should go back to court and request necessary modifications to the Order.
Answer Applies to: California
Replied: 2/14/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
I see no recourse against the County. What would the cause of action be? What did the County do that it should not have done, or fail to do that it should have done? Did you call your ex-husband for an explanation? That would be a good starting point. You can then send your ex-husband a certified letter documenting the situation, to start the paper trail that will help you in Court in the future should this type of thing keep happening. You could file an Order to Show Cause (OSC), requesting that you be designated the primary contact of the school, with the responsibility of notifying the other parent of such meetings, since you would be more reliable.
Answer Applies to: California
Replied: 2/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The particular wording of the Legal Custody Order is important to consider, in the light of your husband's failure to advise you of the IEP. If that Order required your and your husband's joint participation in educational decisions, it would appear that he violated that Order. If that Order required him to inform you in advance regarding educational options, it would appear that he violated that Order. If the Order merely required him to inform you when educational decisions are made, that order may possibly be too vague and general to be enforced. You should consult with and retain and experienced Divorce Attorney to represent your interests in seeking modification of the Legal Custody Order to make it more specific and/or remedies for your husband's violation of the Legal Custody Order.
Answer Applies to: California
Replied: 2/13/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
In reality, not much. The county does not have a duty to you, just one parent. Your ex does have a duty to you to inform you of educational meetings, but the court will not do anything about it.
Answer Applies to: California
Replied: 2/13/2011
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