How do we get the school to comply with the court order regarding jointcustody related matters?

UPDATED: Nov 4, 2011

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How do we get the school to comply with the court order regarding jointcustody related matters?

My husband lives in a different state from his son. He keeps in contact with the school but this year the school is refusing to allow him to be part of meeting regarding his son. There is a court order which has already been sent to them outlining joint custody and that my husband has access to all school records and has equal say in all decisions. What can we do to get them to comply?

Asked on November 4, 2011 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Schools are so used to setting their own rules that they sometimes forget they are bound by other rules.  They are usually not afraid of lawsuits because they tend to hide behind their immunity protections.  However, there are some options that you can pursue.  The first is to talk to the school superintendent.  They tend to be a bit more objective than the local principal that may be more attached to his ex-spouse.  From there, jump to the president of the school board.  I suggest these avenues because they facilitate communication and don't cost you anything.  If the child is going to be in this district for a while, you want a good working relationship.  If you are dealing with a difficult district, you may have to consider other options.  Most school districts will keep an attorney on staff.  A good starting point is to have your attorney send a letter to the school district attorney requesting compliance with the court's prior orders.  Most disputes will resolve at this level.  By the time that you've gone through this level of pointed notice, then the school can no longer allege general negligence required for their immunity protection-- they are directly interfering with the parental relationship.  If this is an important issue for your husband, consider filing suit against the district for failing to allow your husband access to his child. 

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