My ex husband filled out and sent me a preschool registration form and it has attached the standard CA dept of Social Services Identification & emergency information child care centers form, and a preschool classroom emergency information. My ex husband listed his fiance as a person who can be contacted for an emergency and is also listed as an authorized person to pick up my 4 YO for emergencies. There are no additional signature lines for a second custodial parent on these particular forms, so only my ex husband's signature appears. Divorce decree filed in SD, CA and my husband and I have 50/50 legal and physical custody with first right of refusal. Do I have any leg on this to have her name removed until they are officially married?
Yes, you do, and your legal rights will not change when they are married. You should contact the school directly and explain the situation and that you do not consent to the emergency contact designation and request that she be removed and your name be included instead.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
Yes, he can put down his fiancée as a person to be contacted in case of an emergency. However, unless there is a specific court order not to allow you to be contacted, you may also be contacted.
Normally, the person with primary custody is the first person on the list, the other parent absent contrary court orders should be second on the list, and other parties with an interest may also be listed if the two primary people are available.
The issue here is more the safety of the child than it is for no contact to be made to another person of interest. I understand that it is an emotional issue, but absent good cause, the fiancée will probably still be allowed to be listed.
However, they cannot prevent you from being listed absent a court order. Contact the school directly, get another card from them, and fill out your own information.
If you have good reason that his fiancée should not be a contact, it would be best to bring this up with the court in order that you have a court order to prevent it from happening.
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