Legal Question in Family Law in New York
Custodial Issue
I have dual custodial privaledges. My son resides with me
3 1/2 days and with his father for 3 1/2 days. Our divorce decree clearly states this arrangement.My son is 15 years old and attends HS. I just found out,that only one address has been placed on the roster. Please keep in mind that upon registering him both addresses were submitted. When I addressed this issue with the school, they stated that there is only room for one address on the roster. I raised concern over trip consents and over who would be contacted if something happened to the child. The actual truth is that my x-husband would not inform me if something were to happen. I see this having some legal implications for the Department of Ed. When I spoke to the school and the district office, they seemed uninterested to find a solution nor did they validate this concern. As a society, where families are changing and divorce occurs quite often, it seems that they need to modify their policy. Their argument to the end remained that there is no room in their roster and that parents are just going to have to work this out without. They do not taking into account, that parents may not be able to amicably discuss this and order of protections may be involved.
2 Answers from Attorneys
Re: Custodial Issue
You and I agree that this is a serious problem. It can be solved by amending the school computer software to enable the database to accept 2 addresses for notification. After all, all of the school correspondence is produced by the computer.
The school can be required to include your information through an 'article 78' roceeding. It is not a common procedure in this context, but it can be done.
You are welcome to a consultation for no fee. Contact me on this.
Re: Custodial Issue
Even if the school considers that a child's parents will not be able to work out a viable solution for school child emergeny notifications and other reports, It is not the school's responsibility, to do multiple mailings and notices.
Schools are not required, to expend extra resources for "parenting classes" to re-educate, re-train parents, about their parental responsibilities. Schools are first required to do the job its student charges require and to keep the parent/s informed.
School personnel should not be expected to "jump through hoops" merely because the parent's are not speaking to each other.
Get a Grip; and Good luck,
Phroska L. McAlister,ESQ
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