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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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IF A CHILD FROM A DIVORCED MARRIAGE, IN JOINT CUSTODY, IS SUPPOSEDLY

Resolved Question:

IF A CHILD FROM A DIVORCED MARRIAGE, IN JOINT CUSTODY, IS SUPPOSEDLY IN COUNSELING IN THEIR ELEMENTARY SCHOOL, WOULD BOTH PARENTS BE NOTIFIED, EITHER BY PHONE CALL, MAIL, OR OTHER MEANS, AS TO INFORM THAT SAID CHILD IS UNDERGOING COUNSELING?
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.

Dear JACUSTOMER - "Joint custody" can mean many things so it depends on the language of the custody order as to what each parent is entitled. Generally both parents are entitled to information with respect to school and medical issues but it depends on the order. Sometimes the residential parent is the one who is required to be notified.

 

In addition, it depends on whether the school has written instructions or permission to notify both parents so without knowing the language of your order I cannot say that any provision was violated by the school. Obviously I don't know the reason for the counseling or whether it is for educational or other reasons.

 

If your order provides that you are to have full access to the information you should request in writing to the school that you be notified of any future counseling and the reasons therefore.

 

Dave Kennett

Customer: replied 4 years ago.

THANK YOU FOR YOUR RESPONSE. IN REGARD TO XXXXX CHILDS MOTHER IS THE RESIDENTIAL PARENT; ADDRESS FOR CHILD FOR SCHOOL IS THE MOTHERS ADDRESS, PHONE NUMBER, AND EMERGENCY CONTACT. WOULDN'T THE SCHOOL HAVE TO NOTIFY BOTH THE MOTHER AND FATHER? ALSO, DOES THE FATHER HAVE ANY RIGHT TO EXCLUDE THE MOTHER?

Expert:  Dave Kennett replied 4 years ago.

I can't see that either parent can exclude the other. The issue is with the school and why one parent was not notified. I can't tell from your facts which parent was not notified in this case but certainly the residential parent would or should be notified unless there is some issue of child abuse where child services is involved.

 

It is difficult to completely analyze a case without all the pertinent facts so I can only comment in general as to a situation of this type. If one parent is attempting to circumvent the court order then a motion for contempt should be filed with the court.

 

Dave

Customer: replied 4 years ago.
THERE IS ABSOLUTELY NO ABUSE AT THE HOUSE. I AM THE MOTHERS BOYFRIEND, WE'VE BEEN TOGETHER FOR SIX YEARS. THE FATHER AND HIS FAMILY HAVE BEEN THREATENING TO SEND SOCIAL SERVICES OVER OUR HOUSE FOR FIVE YEARS, AND THEY ARE MORE THAN WELCOME TO COME HERE, WHICH THEY HAVE NEVER FOLLOWED THROUGH WITH BECAUSE THEY KNOW THEY WILL LOOK DUMB. THERE IS NOTHING TO HIDE HERE. ALSO, IF I'M NOT CROSSING THE BOUNDRIES OF THE WEB SITE, ISN'T THERE A LAW OF HOW MANY PEOPLE RESIDE IN A HOUSEHOLD? IT'S A RELATED QUESTION FOR TO THE CHILDREN WHEN THEY ARE WITH THEIR FATHER.
Expert:  Dave Kennett replied 4 years ago.

I didn't say there was abuse, I was only saying that sometimes children are interviewed at school without notification of the parent. Laws as to the number of residents permitted in a house would be local zoning laws and I would have no way of knowing if there a particular law in a specific community setting limits on occupancy. Generally these laws apply when several families try to live in one place and not for immediate family members.

 

As I said above, the issue is really with the school and their policy of notification. There's not much you can do if the other parent requests counseling or other visits etc but the school should be held responsible for the notification.

 

Dave

Customer: replied 4 years ago.

THANK YOU. FINAL QUESTION: DO I OR THE CHILD'S MOTHER HAVE THE RIGHT TO SEND A SOCIAL SERVICE REPRESENTATIVE OVER TO THE FATHER'S RESIDENCY TO INSPECT LIVING CONDITIONS? I REALLY DON'T WANT TO FIGHT WITH THESE PEOPLE BUT THEY ARE SERIOUSLY BRINGING IT UPON THEMSELVES.

Expert:  Dave Kennett replied 4 years ago.

Of course you can call them and launch an investigation however it would be up to child services whether they would actually take the case. I would suggest that it be the mother and not you since you are not a party to the custody or other child related matters.

 

Dave

Customer: replied 4 years ago.
RIGHT. I PRETTY MUCH FIGURED THAT PORTION OUT. SO IN SO MANY WORDS, I WOULD HAVE TO SIT WITH A LAWYER FACE TO FACE WITH MY GIRLFRIEND, RIGHT?
Customer: replied 4 years ago.

OH, IT WOULD ABSOLUTELY BE THEIR MOTHER TO BRING UP THAT PARTICULAR SITUATION. I'M SORRY FOR CONSTANT REPLYING. YOU'VE BEEN A GREAT HELP. BUT WHY WOULD IT BE UP TO CHILD SERVICES WHETHER OR NOT TO INVESTIGATE LIVING CONDITIONS, ESPECIALLY WHEN IT COMES TO CHILDREN? AND I AM DEFINATELY PAYING FOR THIS BECAUSE YOU HAVE BEEN VERY QUICK AND DILIGENT WITH RESPONSES.

Expert:  Dave Kennett replied 4 years ago.

You cannot force child services to do anything but you can call them and report your concerns. This is the same as filing charges in a criminal case when you can't force the prosecutor to take the case just because you filed. I'm not certain how you would have to sit face to face with a lawyer if you are not a party to the case since you cannot represent your girlfriend in court. You can accompany her but you would not be able to speak on her behalf.

 

Dave

Customer: replied 4 years ago.

I UNDERSTAND THAT I CAN'T REPRESENT HER IN A COURT ROOM BUT IF THEY START MENTIONING ME, LIKE THEY HAVE, WHAT CAN I DO? THAT FAMILY THINKS I'M THE BAD GUY BUT I'M BY NO MEANS THAT PERSON. SHOULD I JUST GO AND SIT WITH A LAWYER? IT'S PRETTY MUCH GOTTEN OUT OF CONTROL.

Expert:  Dave Kennett replied 4 years ago.

Well I can't see that you need a lawyer but your girlfriend can call you as a witness in any hearing in a court. They cannot testify to anything they haven't seen as the judge will throw out any hearsay evidence. Obviously it would be good if your girlfriend had a lawyer but I see no need for you to be represented.

 

Dave

Customer: replied 4 years ago.
UNDER WHAT CIRCUMSTANCES WOULD THEY EVEN THINK THAT THEY COULD TAKE THE KIDS AWAY? ESPECIALLY IF THEY GO TO A HOUSE WITH 2 BEDROOMS, 1 BATHROOM, AND SEVEN PEOPLE LIVING THERE, NOT INCLUDING THE PEOPLE THAT SLEEP THERE ON THE WEEKENDS? AND THE KIDS SLEEP WITH ADULTS IN THE SAME BED. OUR RESIDENCE IS 3 BEDROOM, 1 BATH, BUT THE KIDS HAVE THEIR OWN ROOMS. THIS IS THE LAST QUESTION I'LL ASK YOU. I APPRECIATE ALL YOUR RESPONSES. IN SIMPLETON TERMS, WHAT SHOULD I DO TO MAKE OUR LIFE EASIER AND HAVE MY GIRLFRIENDS EX FAMILY STOP DOING WHAT THEY ARE DOING?
Expert:  Dave Kennett replied 4 years ago.

Some problems just can't be solved when there is a family such as this that never wants to stop the harassment. I can't imagine that the court is going to send the children to such an environment especially if there is no evidence of abuse at your home. Courts don't just switch custody because someone files a motion or makes unsubstantiated allegations.

 

She may want to file a motion to amend the visitation and claim that the father's living conditions are not suitable for the children. Maybe if you turn the tables on these folks they will stop the nonsense.

 

Dave

Customer: replied 4 years ago.

THANK YOU VERY MUCH. I APPRECIATE YOU RESPONDING TO THE QUESTIONS. IF I HAVE ANY OTHER QUESTIONS, HOW WOULD I BE ABLE TO GET IN TOUCH WITH YOU?

Expert:  Dave Kennett replied 4 years ago.
You can continue to use this thread even after you accept or you can simply request me if you ask a new question. Thanks for using our service - Dave
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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