Expert: Dan Bachert - 10/26/2009

Question
At the insistance of my kids' mother, the school has removed me from school records, any access to my kids, and any information about them. There is already court ordered visitation established. However, when I point this out to the school principal, she states, "...the order says you can pick them up at daycare. This is a school."
Does this not violate fl. statute 61.13? Is it not a crime to do this in Florida, without a court order? Should school administrators not know better (assuming the law was broken)?

Answer
Hi Calvin, the school is following what they have been instructed to follow by one of the parents. If their actions are not in violation of any order of the court they have done nothing wrong. If you have shared parental rights then you are entitled to the school information but the school administration is not likely to know this. What you should do is file a Motion for Contempt against the Mother and request that the court order the Mother to add your name as the natural parent of the child on the school records and as such you can receive any and all school information and are free to pick up the child if need be.

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951