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SO has no legal rights when it comes to SD14..what a surprise (NOT!)

IslandGal's picture

More dramas with SD14. I actually thought things had quietened down…WRONG!!

Got home last week and SO tells me that apparently, SD14 is interstate. I was like….”aaandd..??” ‘cos..she hadn’t visited in 2 years, was rejecting his calls..refusing to return emails etc. She tried cutting herself after a fight with BM and conclusion was that this was just an attention ploy on her behalf. So..BM rewards her by sending her off interstate (5 days off school), to hang with her family. Anyway..I didn’t understand why this should concern us..as we pretty much have not had anything to do with her for 2 years.

This news came from SO’s Mom..who is still meddling and trying to convince SO to “fix” SD14’s attitude. Woman can’t seem to comprehend that there is nothing we can do while BM fully supports her attitude 100% and is on a mission to ensure SO is hated and kept completely out of the picture when it comes to SD.

Anyway.. PTA is coming up and SO decides that he’s going to ask for a copy of her report. I knew this wasn’t gonna be good, ‘cos last year, when we went to the PTA for both SS and SD, BM was there and was openly hostile to SO. To the point where SS13 was very stressed out. At this PTA, when it came time to discuss SD.. BM told SO “you can leave now – we’re about to talk about SD”. SO didn’t want to cause any dramas..so we left.

Now, I believe SO and his Mom have been talking about this and I also believe that she has guilted SO into doing “something” about the whole situation. SO rang the school to ask them to send a copy of SD14’s report to him. Their response?
“well..Mr SO..unfortunately, we have been requested by SD and BM NOT to send you a copy of her report. As SD is “high risk” (due to her attempted cutting), we have to abide by their decision”. SO told them he was her Father and as such, had a right to view her report. They insisted that no, they weren’t going to go against BM’s wishes. There is no CO so there was nothing SO could do.

Well. SO contacted a family lawyer and was told that, due to SD almost turning 15 (in Sept), he pretty much had no rights. If SO wanted, he could attempt to go to court, but as SD refuses to have anything to do with him..this might be a waste of time. That a judge would allow a 15 year old to choose. If SO was determined to fight it..then he’d better be prepared for a mediator to liaise between SO and SD as well as BM.

SD14 used to be a mini-wife to SO and still believes that she and only she should be the one SO is closest to. She also still feels that she should be held in a higher regard than her brother and treated as such. She feels betrayed by SO and abandoned, since he began his relationship with me (after 6 years of being single). SS13, who was raised exactly the same as SD..loves his dad unconditionally and just wants him to be happy. SS13 has adapted well to us all..continues to visit us on his allocated weekends and is doing exceptionally well at school. A genuinely decent kid.

I friggin’ told SO 2 years ago to go get a goddamn court order to stop this nonsense. He didn’t listen to me then..and now..shit’s starting all over again..how. friggin. fantastic.

Comments

notsurehowtodeal's picture

The school is wrong. FERPA (Family Educational Rights and Privacy Act)is a Federal law that guarantees both parents access to school records of their children unless there is a court order stating otherwise. Here is the pertinent part of the law:

Unless a school is provided with evidence that there is a court order, State law, or other legally binding document relating to such matters as divorce, separation, or custody that specifically provides to the contrary, FERPA gives custodial and noncustodial parents alike certain rights with respect to their children’s education records. A school may ask for legal certification denoting parenthood, such as a birth certificate or court order, from the parent requesting access.

Your husband should educate the school and maybe his lawyer on this law. If BM does not want him there during the conference, then he can schedule a separate one without her.

I understand that he probably can't change anything now - but that doesn't mean he can't have information from the school.

notsurehowtodeal's picture

Thanks Disney. The use of PTA should have clued me in. I need to quit making that assumption...

IslandGal's picture

Well..it is pretty peaceful without her..no dramas and manipulation of her daddee..and brother. I also agree..it's too late to change her royalness and as BM is parenting through guilt..we have no hope of changing things any time soon..

SO already thinks she's gonna be pregnant by 17.. and if that does happen, then BM will be dealing with it - all of it.

IslandGal's picture

It's very upsetting to see him hurting and I hate it when it hits him deep sometimes. He loves his childern and knowing he was used by BM took some time for him to get over. BM came out as a lesbian when kids were 5 & 6. she then abandoned them for the next 5 years while she "found herself". Ended up with a lovely woman and brought a house with her. SO supported her relationship and helped guide the kids into understanding their new situation.

He wholly supported BM and did all he could to make sure the kids were stable. Kids also went through counselling. It's such a pity that BM can't make the same decision and support SO in HIS new relationship. Instead, she's angry 'cos she can't manipulate him any more so she's allowing SD to treat him this way.

ItsGrowingOld's picture

Question. You said "At this PTA, when it came time to discuss SD.. BM told SO “you can leave now – we’re about to talk about SD”. SO didn’t want to cause any dramas..so we left." Did you attend the PTA?

IslandGal's picture

Yes, I attended with SO. BM has attended both skids PTA's for 4 years now, together with her lesbian partner (who is actually, a wonderful person). BM is filled with anger and absolutely DESPISES the fact that she has no control whatsoever over SO.

SO has never had a problem with BM's partner attending as he understands that she is also a part of skids lives. BM however, wants it all her way. Skids accept her partner as well as all her friends and relatives. BM also intrudes on SO's side of the family by attending all their BBQ's etc. Needless to say, SO has nothing to do with this side of the family any more (yes, he has tried talking to them about loyalty and boundaries - to no avail). This is mainly due to BM being bestest buddies with SO's first cousin (another entitled, manipulative BM).

She had SO under her thumb until I came along. He thought he was just being a good Dad..like many others on here, he didn't realise that he was enabling BM's belief that he would always be there for them..no matter what. When he met me..he realised that this wasn't how he wanted to live, and introduced boundaries. This made BM livid..and she has been an absolute bitch ever since.

She even tried to convince SS to stop visiting. SS refuses to listen to her because he see's that his Dad is happy, and enjoys spending time with us. I'm so thankful this kid's head is balanced and that he is loyal and loves his Dad unconditionally. A lesson SD is yet to learn.

Monchichi's picture

Good goat, you landed a pearler for a BM. I will never understand why they resent their ex's moving on with their lives. Especially when they have that someone special too.