Legal Question in Family Law in Washington
schools
7 years ago my mom was granted temporary custody of my children while I completed inpatient treatment, we never did a parenting modification because it was never necassary until a dissagreement. My children reside with me and have every sinse my graduation in 2000. I went to their school to update their information and remove my mom as emergency contact, they called her, she faxed the custody forms, now the school will not let me pick my children up from the school, they dont inform me of conferences, they wont except my signature for school functions, I cant sign them out for doctor's app. they dont contact me for any emergencys or important things like failing grades, absents, illnesses or injuries. my mom has'nt even spoken to my kids in 6 months, is this legal for the school to do to me as the parent raising them and supporting them and as their guardian legal or not?
2 Answers from Attorneys
Re: schools
This is a third-party custody decree that you should have moved to modify within a year or so of when the children resumed living with you. You can do that now, if you go back to court and explain that the kids have been back with you since 2000 and your mother may claim that she is still their legal custodian, but that actually is not true and has not been true for seven years.
Your mother's communications with your children's school(s) are clearly incorrect if the kids have been with you since 2000.
Schools are remarkably sensitive to liability issues arising out of improper communications with persons who are not the primary residential parent named in a parenting plan, unless or until the parenting plan is carefully written to allow other persons to communicate or require notice regarding the kids.
Don't blame the school, they are following the court's orders.
You need to file a modification based upon re-integration of the children into your household in substantial deviation from the original plan, for a substantial length of time.
Then you can file a new order with the school(s) and demand that they comply with it.
Hope this helps. Elizabeth Powell
Re: schools
Actually, you should probably ask the court to vacate the non-parent custody order and dismiss the case.
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