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This matter is in California. I have a situation where my…

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This matter is in California...
This matter is in California. I have a situation where my ex-wife accused me sexually abusing my five year old daughter. This was during the summer of 2017. We had 50/50 legal and physical custody. One week on and one week off. Her and her attorney filed X-Parte and the judged ordered no visitation for me pending the hearing. I also could not pick her up or drop her off at her preschool during that time. A court appointed investigator was assigned. Upon the formal hearing it was determined that I did not do the things that my ex accused me of and my 50/50 custody was reinstated. However, from that point forward my daughters preschool teacher refused to speak to me. I'm a real hands on parent and I have two daughters in that preschool. I've always communicated with the teachers about my children's progress and such, but this teacher will have nothing to do with me now. I still have a great relationship with my other daughters teacher and we discuss and problem solve as always. I spoke to the preschools director and requested that we have a parent/teacher conference with the director to clear the air and get back on track for my daughters sake. However, the teacher refused her directors request, citing that she would not discuss anything with me. My court order says to keep the girls in that particular childcare facility unless mom mutually agrees to transfer them. Mom won't agree. As a result I told the school that I will no longer enter that teachers classroom, thereby, not signing my daughter in and out. I do still sign for my other daughter though. The school has now barred me from coming to the school because I wont sign.(They cant get money until I do) I know that I can file a motion to the court requesting a new order to transfer my children, but my question is... Is what the preschool doing legally ethical? Is it discrimination? Can a preschool teacher refuse to that degree to speak to a parent about their child because they have personal feelings about you? I'm considering suing the preschool. Do I have any legal grounds to do so? Thank you.
Submitted: 4 months ago.Category: Family Law
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3/10/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,328
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your Questions:

but my question is... Is what the preschool doing legally ethical?

Response 1: No, it is not. The teacher has a duty to communicate with you as the parent. She cannot be the Judge, Jury and the Executioner. She has no grounds whatsoever to stop communicating with you based on allegations that have been disproving. That is utterly unfair to you. The school cannot have it both ways. The school cannot look the other way while the teacher treats you like a disease and at the same time expects you to sign off on attendance that they can get paid. It does not work that way.

Is it discrimination?

Response 2: It is not discrimination. However, it is an unprofessional conduct.

Can a preschool teacher refuse to that degree to speak to a parent about their child because they have personal feelings about you?

Response 3: No.

I'm considering suing the preschool. Do I have any legal grounds to do so? Thank you.

Response 4: Yes, you do. As a parent, you have a right to be active participant in your child's education. The teacher's refusal to communicate with you adversely affects that.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 4 months ago
You've indicated that that I cannot file suit because it's not discrimination. I assume that's because it's not a protected class issue. However, you did indicate that I could file based on professional conduct. Is professional conduct a cause of action? if not, what would be the cause of action grounds that professional conduct falls under?Thank you.
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your follow-up questions:

You've indicated that that I cannot file suit because it's not discrimination. I assume that's because it's not a protected class issue.

Response 1: That is correct--not an actionable discrimination.

However, you did indicate that I could file based on professional conduct. Is professional conduct a cause of action? if not, what would be the cause of action grounds that professional conduct falls under?

Response 2: Violations of your rights as a parent of a student. See California Education Code Sections 5100-51102.

You should also file complaint with California Department of Education.

Best wishes,

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