I'm the director at a child care in Az. I have a parent who is harassing me for copies of sign in and out sheets and emergency blue forms on his children. Mom is refusing to give him the information. I asked for a subpoena since he is in another state and I've never met him. All he provided was a Parenting Agreement between him and the mother. He keeps threatening to call State and the BBB if I don't give him the information I'm just fed up with being harassed by him.
It's certainly possible, but without additional information, I wouldn't want to speculate. Arizona law requires both parents to have equal access to records related to the children's education or physical, mental, or emotional health. Generally speaking, this is interpreted to include daycare/child care records. I included a link to the relevant statute below for your convenience.
Failure to provide this information can make the custodian of records (you/the company) responsible for the parent's attorney's fees incurred to obtain these records.
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As my colleague points out, Arizona law requires both parents to have access to such information. a review of ARS 25-403 would certainly be in your best interest. If all he has is the parenting agreement, unless there is a court order stating otherwise you dont HAVE to, based on what I have seen. But if he asks a judge, a judge is almost certain to grant the request, and a subpoena is something you'd likely have to comply with. Why the reservation about giving Father the documents?
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If he has legal documents (for example, Parenting Plan) showing he is the biological Father and has parenting rights (which it sounds like he does), you need to provide him with the requested information. He is entitled to it by law in Arizona, unless Mother can produce a Court Order that specifically prevents him from access to this information. He is entitled to this information directly from the Custodian of Records, which would be you. If Mother is obstructing his access to this information without a Court Order preventing his access to it, she could be subject to legal sanctions.
I suggest that you seek the assistance of an experienced family law attorney to help you with your family law matter. Many law firms, including the Sampair Group, offer free initial consultations. Good luck! Brandy Ramsay, Esq. The Sampair Group, PLLC 17235 N. 75th Avenue, Suite E-100, Glendale, AZ 85308 West Valley: 623.218.1000 East Valley: 480.636.1333 IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO, AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.
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