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Help!! What Rights Does DH Have To Fight This???

SteppingAway's picture
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Dh has been blacklisted at SS3's daycare/preschool/whatever you want to call it.

SS3 is in low income preschool that he only qualifies for b/c BM doesn't claim the money DH gives her and probably does a fair amount of lying about her own income and doesn't tell DH when she signs him up so Dh's income isn't considered.

BM WAS known by SS's teacher as crazy. She would rip pages out of SS3's homework notebook if DH wrote a message from the teacher on it. The teacher gave DH her cell phone number and they met regularly about SS's behavior/progress.

Well, BM must have talked to the owners of the school (who speak very little english) b/c when DH asked the owner about volunteering, the owner made some hard to understand joke about DH not wanting to pay alimony (BM and Dh were never married, but that's besides the point).

Well, the owner gave DH this list of things he had to do to volunteer. Immunizations he needed to document. A background check. No problem. DH brings in what he's told he needs. THEN the owner says they need BM's permission for DH TO VOLUNTEER AT HIS OWN SONS SCHOOL. The next day (after I'm sure BM said no) they said there were no volunteer opportunities. No fieldtrips coming up. And if he wants copies of handouts or anything, they'll have to ask BM for permission about that to.

Then, DH tried to attend a parents meeting that the school has once a month. He was told BM might attend so he had to leave. He called back bc the teacher forgot SS's notebook and when he came to pick it up apparently BM no-showed at the meeting so they told him he could stay.

But the teacher was still on DH's side and met with him. Well, this week BM took a day from DH's time with SS claiming his relationship status is the only reason he wants the "extra" day that he's had for months (what???). And in her email she quoted something DH had said to SS's teacher about SS probably sensing when a court date is coming because he's very sensitive to his parents emotions and responds behaviorally. BM said that she AND the teacher were trying to figure out what the hell was wrong with him for saying that. (She likes to speak for the teachers a lot).

Well, DH tried to text the teacher like they agreed on and he got no answer. Then he tried calling the school. He's been told he has to leave the school by random teachers he doesn't know so it's apparent the whole school is 'in' on this. Whoever answered the phone said the teacher was busy and took a message that never got returned. So, he called today to schedule an appointment with the owner of the daycare. He was told the owner was on vacation. The person on the phone wouldn't tell him when the owner would be back and said that if DH wants to talk to someone about SS3 he can wait until progress report time and come in with BM. Meanwhile, BM can come and go as she pleases.

On top of that, BM had been teaching SS to say terrible things. This weekend it was if he touches a brown person he'll turn brown and brown people are brown b/c they don't take baths (DH is mostly white, BM is white, SS3 is white and I'm mostly black. BM is racist and thinks this is her way of hurting me). It gets progressively worse every week. DH told BM he wants to take SS to a therapist just to help him "cope with all the transitions" so as not to alert her. She refused and said it is not Dh's "place" to take SS to any kind of doctor without her permission (though she never tells DH about any medical appointments). She said that if he think SS needs a therapist then DH is the one who needs a therapist. All of her accusations about us brainwashing SS to think I'm his mom (when we've done the opposite) wouldn't SHE want him to see a therapist to get proof. But she has all but threatened DH if he takes SS. Why? I don't understand.

What rights does dh have as a non custodial parent. In our state, the mother has natural custody until it is determined by the court and this is there first time going to court. We only just learned yesterday that, custodial or not, DH has a right to access SS's school information without BM's consent. Does he have the right to volunteer too? To take him to a therapist? It just seems like there is way too much power here in BM's hands just bc she is the mother and DH has an uphill battle with her AND the school. And how can he prove the school is doing this when they won't talk to him? He can't force a parent teacher conference. And how is he going to convince a judge that BM AND an entire daycare has conspired against him??? Our lawyer is useless and we can't afford to retain a new one. What rights does DH have?!

queen-B's picture

First question: is there a court order?

If yes, he has whatever rights are spelled out in the court order. Things like school records are, in most states, available to both parents unless court-ordered otherwise. In fact, I believe there is a federal statute that he can cite to help the school understand they have to provide him all school records (don't know it off the top of my head, but I have it in records and can post it later if you need it).

SteppingAway's picture

I found a statute! Thanks! But now, they are saying the only person who will talk to him is out of the country until after the new year. There is no custody order yet. They are at the GAL just got appointed for them to determine initial custody.

Clearly An Upgrade's picture

As long as your DH has been established as SS's legal father (by his signature on his birth certificate, BM's naming him as the father at the time of birth, or through paternity test), then he has the legal right, even as NCP, to do the following things:

1. Meet with teachers and/or administration to discuss behavior, grades, etc. DH can attend any function he chooses to, and volunteer (as long as he passes their criminal background check). I've never heard of a school demanding a parent's immunization records, that's a new one for me. He is privy to all school calendars, hand-outs, schedules, billing info, etc. DH can also ask that a second set of pertinent papers (report cards, permission slips, etc.) be sent to him directly, available for pick-up, or by email. It sounds like the school is overstepping their boundaries BIG TIME by giving DH the run-around. This is his kid. Unless there is a no-contact or restraining order in place (must name the child specifically), then they cannot legally keep this info from him. If there is a no-contact order between BM and DH, they still need to accommodate DH's request for info.

2. DH can take his son to any appointments he wants. Unless there is a CO stating otherwise, he has the same right as BM to get his son the care he needs. He doesn't need BM's permission to take him, get information from current providers, or wait on second-hand info from BM.

3. DH needs to pay child support, but late or non-payment of support does not mean that BM can withhold visitations. Paying support is the right thing to do, and he is legal bound to provide it, but visitation is not dependent upon it.

I would highly suggest making sure that ALL correspondence with BM and the school go through certified mail or email, that way there is a paper trail documenting their responses to his requests for information. Although it is costly and difficult, BM withholding SS or info pertaining to his education and healthcare could be considered grounds for a change in custody. He doesn't need BM's permission to be a father, and the are many things that she does not have the right to control. School, dental, and medical are a few of them. There is also the very disturbing issue of her teaching her son to be a racist. That is a big concern, especially with a mixed race father and SM. She sounds like a real piece of work, who doesn't have a whole lot of concern for her son's emotional well-being.

SteppingAway's picture

Thanks!
They are in the process of determining initial custody right now. It's been an uphill battle thus far. We have a GAL now but she has yet to contact us. We want to bring up the whole race thing with her, but we also don't want to be accused of playing the race card. Hopefully if we can prove what BM has been doing, custody will be decided in DH's (and thus SS's) favor.

SteppingAway's picture

Thanks for the advice! I sure hope choice of school makes it in our custody order! The elementary school in BM's neighborhood is crappy as they come, and this daycare is obviously no better. What is it with these 'parents'?? My parents moved so I COULD go to a better school. It's just sad.

Jsmom's picture

Court - Immediately! She can't do this and the longer this goes on, the more power she thinks she has. Get a lawyer and go to court and sue for full custody....That may seriously affect her attitude and give him documented rights that she can not dispute. Most BM's get better if they are held accountable.

SteppingAway's picture

Thanks Jsmom! DH retained a lawyer last winter, BM was served in the spring, and mediation was at the end of summer. This is the slowest process ever and BM gets more high and mighty every day this goes on.

Anon2009's picture

I agree with the others. Get it all outlined in a court order. It's more enforceable that way.

SteppingAway's picture

DH Refuses to get a paternity test. What does that tell you? :?
One of these days I'm going to swab his cheek in his sleep and just tell SS3 I need to take his temperature just so I can know for certain. BM and DH signed a voluntary act of paternity in the hospital and I think his lawyer had them do another when this all kicked off.

Dh and I had no clue what his rights were and I'm thinking his lawyer doesn't either. They need to take fathers off to a room with a lawyer and a social worker and tell them this stuff while the nurses are teaching BM how to get the baby to latch...