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Friday, December 12, 2008

Non Custodial rights to Education and Medical decissions. More PAS information

In many states, consistent violations of a custody order can be grounds for changing custody, especially if the custodial parent is alienating the children with negative remarks and withholding information about the children from the noncustodial parent. The key to this is to DOCUMENT DOCUMENT DOCUMENT...

Resisting or refusing to cooperate by not allowing the other parent access to school or medical records and schedules of extracurricular activities is a violation of the divorce court order. By engaging in this activity it can cause the custodial parent to loose not only custody, but CAN in cases cause them to loose those given rights themselves. If you are a non-custodial parent, execise your FERPA rights. Surprise the alienator, they will not like it when you take a proactive step in helping your children, they CAN NOT STOP YOU...YOU HAVE RIGHTS AS A PARENT CUSTODY OR NO CUSTODY.

How Does Alienation Occur?
The alienating parent may use a number of techniques, including but not limited to:
Encouraging the child to pretend the other parent doesn't exist. This can range from not allowing the child to mention the other parent's name to refusing to acknowledge that the child has fun with the other parent.
Leading the child to believe it is his or her choice as to whether or not to spend time with the other parent.
Discussing court battles between the parents with the child, and encouraging the child to take sides.
Making the child think there is reason to be afraid of the other parent.
Lying about how the other parent treats the child. If this is done frequently enough, the child may begin to believe even preposterous suggestions.
Rewriting history, such as suggesting to the child that the other parent never cared for him or her, even as an infant. The child has no memory of prior events and so can't determine whether the alienating parent is telling the truth or not.

An alienting custodial parent does not care to inform you if there was a sickness, a medical event (such as getting 2nd and 3rd degree burns, having strep and not being able to attend school) they should know about, school grades (failing grades because no one is helping the child with their homework. Schools CAN NOT teach if you do not teach at home it takes educationg at school AND home for a child to benifit from education) or school events.(such as graduations, school plays, concerts, field trips in which the non custodial parent could help chaperone the class and have special time with the child) Take charge, because you have RIGHTS. USE THEM.

FYI: Penalties for Contempt. Under C.C.P. § 1218(a), a person found guilty of contempt may be fined up to $1,000, or imprisoned for up to five days, or both. In addition, a recent amendment allows the court to award reasonable attorneys' fees and costs for the contempt proceedings to the charging party if the convicted contemnor is a party or agent of a party.

2 comments:

  1. I can not wait to see the look on the families faces when they walk into the court room and see a few ghosts from the past. It is amazing how you tracked down the people you did who were so willing to tell their side of the story how they were wronged by these people.

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  2. Kudos to you for getting out the word about FERPA rights! As a noncustodial mom who is committed to equal parenting of my son, I have been frustrated time and again by the apathy, ignorance, and often resentment I have received from the system. I had no idea what my rights were and have lived for years at the mercy of his teachers, until I found out about FERPA.

    I created a Wikipedia entry for "noncustodial parent" that lists FERPA as a resource. I also have a blog for noncustodial parents: http://ncpcommunity.com/.

    Best of luck to you and your family... you are not alone.

    NC-Mama

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