Parentseekshelp

Sole legal custody not recognized by school

6 posts in this topic

I have sole legal and physical custody my 12 year old son.  My ex has visitation.  Our son has a 504 plan in place and is up for his annual review.  I recently was granted sole legal custody and am requesting that my Ex not participate in the 504 meeting as his presence is not helpful and even potentially detrimental.  He is emotionally abusive and controlling.  The school is refusing my request stating he has rights under the education law even.  My document does not specifically spell out the rights I have just states I have sole legal custody for education, health and religious aspects.  I believe that since I have the right to make decisions regarding all educational needs and issues without my Ex that I can request he is not present at the decision making meeting.  I am not preventing his access to information only asking he not be present or involved in decision making.  The school is refusing.  My family law attorney states this should not be the case but the school attorney disagreed and the school is holding firm toothier decision.  What are my next steps?  Are they correct?  What was the benefit of sole legal custody then?

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12 hours ago, Parentseekshelp said:

 I believe that since I have the right to make decisions regarding all educational needs and issues without my Ex that I can request he is not present at the decision making meeting.

 

You can "request" HIM to not participate but you cannot compel him not to.

 

Your divorce decree and custody order is binding only on you and your ex.

 

It is not binding on anybody else.

 

The school is well within its rights to require both parents to be involved in the child's education.

 

You are welcome to take your ex back to court and see if the judge will order him not to participate but I don't see that happening.

 

 

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13 hours ago, Parentseekshelp said:

Are they correct?

 

The school's attorney says yes; your attorney says no.  Given that you are represented by counsel, why do you care what anonymous strangers on the internet say?

 

 

13 hours ago, Parentseekshelp said:

What are my next steps?

 

You either accept what the school says or file with the courts to force the school to proceed with what you think is appropriate.

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Your custody agreement is only binding on you two, not the school. If the school wants to allow someone to be present, that is their prerogative.

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7 hours ago, adjusterjack said:

Your divorce decree and custody order is binding only on you and your ex.

 

It is not binding on anybody else.

 

16 minutes ago, ElleMD said:

Your custody agreement is only binding on you two, not the school. If the school wants to allow someone to be present, that is their prerogative.

 

While these statements about the decree/order only being binding on the parents are correct, I'm wondering the extent to which either of you has any knowledge at all about the particulars of the rather voluminous California Education Code and almost as equally voluminous Title 5 of the California Code of Regulations.  It seems to me that a prudent analysis of this situation would require such knowledge as well as knowledge of whether the OP's child is enrolled in a public or private school.  Simply pointing out that the decree/order is only binding on the parents doesn't even come close to resolving this issue.

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Under federal law, even disabled students who attend private schools have certain rights. In fact, many children are enrolled in private schools specifically as a result of IEPs. IDEA also grants both parents the right to be part of the IEP if divorced, unless there is a specific court order stipulating otherwise. If the custody order doesn't forbid Dad from participating, he is allowed to be there under federal law. As described, if the parents disagree, Mom's decision prevails but it does not preclude Dad's participation. The exact language may change that, but I am answering based on what was shared.

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