Joint Legal Question?

I would pull your proof of joint legal custody and take it by or fax it to those offices. You are entitled to the same information that he is, end of story. If the school/day care or doctor’s office refuses to give it to you then I would suggest to them that you don’t want to have to take legal action to obtain these records that you are entitled to.

And, what do I do if they still refuse? I have had my daughters psychologist do the same thing, I tried a few months ago to get a copy of those records as ex wouldn’t even let me come for any sessions, then the psychologist (court order he had to send them) wouldn’t meet with me because she claimed it’s a conflict of interest. I only wanted to talk about my daughters, and some of the concerns I had about them - not myself. Could ex be telling everyone that he has sole custody and not to include me in on anything? That’s what it seems like.

sounds like it…if you have the proof, use it.

You have a right to have a copy of the records. If they refuse to give them to you, I would take them a copy of the order showing that you have joint legal custody. If that does not work, you can ask the clerk of court to issue a subpoena for these records.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

New problem, Kindercare director has said that because my ex signed the girls up for this daycare, she is not allowed to release ANY information about my daughter to me, only him, per their “policy”. Is this policy legal? I feel like my legal rights, to my own daughter have been violated. I explained that we have Joint Legal and offered her a copy of the court papers. Still, she refuses.

I used to work for Kindercare… years ago. Go to the regional director. She may require something as simple as a birth certificate or as complex as a court order. BUT they are a corperation, they will follow the letter of the law. They are not going to get in the middle of a custody issue… they have too much to loose.

Kindercare should give you the records, however the easiest way to get them may be through a subpoena. You can ask the clerk of court to sign the subpoena on your behalf. You will need to serve the registered agent for Kindercare. You can search for the registered agent here:

secretary.state.nc.us/corporations/

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Hey all,

I am preparing to go to court for motion to modify (I posted about this previously) and am trying to get all of my girls records together as my evidence of different things (and make sure all t’s are crossed, I’s are dotted…) So, I called daycare for a copy of all her records - including billing, and incident reports showing her behavior since dad has been taking care of her. They said sure. Next thing I know, ex emails me stating to “leave daycare alone, they don’t want to be in the middle, I’ll give you a copy of her records.” What do I do? He will obviously only let me see what he wants me to. Doesn’t joint legal give me full rights to all information pertaining to her and the billing? I have had the same problem with the doctors office. He just recently switched their doctors (old doctors knew me and I was on file as a parent) so the same thing is happening. First they tell me they will send the copy, next thing I know, ex says he will give me one.
What do I do?