Legal Question in Family Law in California

Re: disregarding court order

You should remember that the day care provider is not a party to the family law proceedings and therefore does not need to comply with court orders. The mother is a party and does need to comply with the orders. I don't believe that the family code section giving you the right to review school records will apply to a day care provider. You have numerous rights and obligations with respect to the day care provider, including the right to choose the day care provider. If the day care provider is hostile to you then it is probably not the right day care provider and not a good environment for your child since the child should have a day care provider that will foster the relationship of the child with both parents. I perceive that the problems may only be the symptom of the problem and not just the problem. I would suggest that you talk to a family law attorney who does child custody so that you can lay out all the problems and he has an opportunity to ask you questions and explain your rights and responsibilities. You may not need to file a motion, but you will have a better understanding of your rights. Good Luck, Pat McCrary

Re: disregarding court order

As she said, get an order from the Court or cooperation from your child's mother.

Reply: disregarding court order

You have a couple of options. I can e-mail you a copy of the relevant Family Code Section that describes your rights to access to the information that you are requesting. You can also ask your attorney to become more proactive.

Family Code Section 3025 states as follows:

"Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent." I believe that this extends to day care records as well. You can also subpoena the records or make the day care provider bring them to a deposition!

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: disregarding court order

First, bring this up to the mother of your child and see if she can resolve this with you and the school, amicably. If not, as mentioned in a previous reply, Family Code section 3025 is the controlling code section. You should take a copy of it to the daycare worker, and ask her to show you where, in the daycare manual or teachers manuals, that in fact, they are prohibited from disclosing such information to you. If that does not work, your attorney should get a court order instructing the school to release such documents as you request. You should make sure that your name, as the father, is on all school documents, if not, have the school change that as well. Good luck.

Re: disregarding court order

I presume that you wish to have custody or more visitation time with your infant daughter. Certainly the fact that the custodial parent has her in day care is material to your cause. I would subpeona the records and the daycare worker for a long cause hearing on your petition to modify the current order. Call me directly at (619) 222-3504.