Rights/Duties & Family Violence


#1

Oh, I would like to know the answer to that, especially about the non custodial parent having their info on school records and access to their child’s school records. My husband knows NOTHING about what goes on in his children’s school lives. They won’t tell him. Any time there is homework to do, he helps them with it, but otherwise, he knows nothing. The ONLY comment about school in the divorce decree is a statement saying he would not pick the children up from school without a written note of consent from their mother (as if he would try to kidnap them or something…I mean really… He would like to contact the school about certain things, but is afraid they will refuse to tell him, just based on verbal request from his ex–although there is NOTHING in writing, no order banning him from access to this.

venus


#2

Venus,
See my reply to “hawkman” on his post titled “is this child abuse” - I found a piece on www.deltabravo.net that explains exactly how to get access to school records, and the relevant statute.


#3

oooh oooh bump bump! I see attorney activity!


#4

Dear ivyalmighty:

You bumped yourself backwards silly!

Now to your questions:

  1. No, not specifically. The best interests of the minor child is the guiding star…so if you can show a relation to how it affects the child, then you can.

  2. No

  3. Not if you are the sole custodian, but generally courts require each parent to be listed. If you have a DV order then you may be able to depending on if the children are included in the order.

Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

“A word about family violence: a party that has a credible history of past or present child neglect or physical or sexual abuse cannot be appointed a Joint Managing Conservator. Section 153.004(b) Texas Family Code. This is not commonly known but it is very important.”
"Part two of the family violence problem is that the Court must make special Orders for the protection of the family for possession. In other words, even if you do not want primary conservatorship, you cannot have Standard Possession if you have a family violence or neglect history. Section 153.004(d) … This section, unlike the conservatorship section, has a two year time limitation. The family violence must have occurred within the two years preceding the suit or during the pendency of the lawsuit."
I understand the above applies only to Texas, but it made me wonder…

…Does North Carolina have any custody stipulations regarding a custodian’s physical/sexual abuse history?
…Does North Carolina have a Rights/Duties of Parents code or creed?
…Are you required by NC law to list the other parent’s contact information on school records, unless of course there is an order in place directly blocking the parent from having access