DOMESTIC AND SCHOOL ISSUES 102

Are you a parent with domestic issues at home which is affecting your children in school?  Problems with your Ex and he's trying to see your child at school to spite you?  This episode is aimed at giving information to parents and educators about the laws regarding domestic relationships.  

The rights of married couples who are now divorced, who has rights to the child and what happens in regard to his school visitation.  Rights of an Unmarried couple and their relationship with their child in school.  

School is not the place for moms and dads to have conflicts and fight over who can visit the child at school or sign him or her out.  What Laws govern who has custody of a school age child.

We will discuss the school and law related issues that happen when parents separate but both want to visit the child in school.  

We will also discuss domestic violence in the home that affect the child in school.

Transcript

SPEAKER_00 0:11

Well, hey there. You're back. Take a seat. Thank you for coming. Welcome to the School Cop Channel Podcast. I'm your host, Captain OG. And we're here to talk all things school and law related. So please like, comment, and subscribe. I want to hear from you, your thoughts, ideas, problems, as well as your experiences. It is free. And on a side note, this is not a legal channel. We do not give legal advice. Again, if your child is something that bad that you require an attorney, I advise you get one. So today we're going to talk about domestic family issues and the school. When you drop your child off, the school takes the responsibility of taking care of your child. They're there to learn, be protected, play, as well as eat lunch. My time of day. In most cases, kids come from homes that have one parent, maybe two parents, they're in foster care or they have grandparents. They have different backgrounds. So let's talk about the different domestic issues concerning this. We're going to look at divorce, separation, boyfriend-girlfriend situations, arguments, fighting, as well as moving out of the house. Now, school is tough enough for kids, but if they have a bad home life, it affects their grades, mental health, behavior, and emotions. I give big props to school counselors and social workers. You guys are the bomb. They make sure everything is straight concerning our kids mentally and physically. So taking a look at those mental domestic problems, let's start with the situation concerning divorce. Who has the rights to the kids? Now, in a situation where there's a divorce and there's joint custody, mom and dad have equal rights to that child. So that means they can come and visit the child anytime they want. They can pick the child up. Just make sure you have a copy of your divorce agreement or your custody agreement on file at the school. That way they'll know what's what. Now, in a situation where a couple is married but they separate, here in the state of South Carolina, mom has full physical custodial rights, but the dad still has his parental rights too. Now, can the dad come to the school and pick the child up, eat lunch with them, sign them out? Yes, they can, because there is no divorce agreement. The married couple just separated. Now, if there's a situation in which there might be violence or a serious conflict, the school resource officer will probably have to determine what is the best way to proceed based on the law. So if you separate, get to family court and work out a serious legal agreement. Now, in a case where there is an unmarried couple and they have a child together, mom's rights are dominant. So that means if the boyfriend dad comes to the school to pick the child up, he can't do that. He's not allowed to do anything at the school with the child without the mom's permission. Again, get in the family court and get some paperwork. A dad's name on the birth certificate really doesn't hold that much water in the state of South Carolina. And I'm only speaking South Carolina. Now, the next thing we want to talk about is remember, sometimes couples do get angry at each other. The main thing is please don't bring that anger to school. We are not the place for parents' drama. Settle anything you have to settle in family court. Now, there are situations in which mom does not want the dad to see the kid. And it's a shame that in these situations parents use the child to beat each other over the head with. But if you are not legally divorced, dad can see that child. He can pick the child up. The school has no power or authority to stop that. But like I said, in some situations, the school resource officer may be called in so he can examine the situation and see what is the best way to proceed. Again, have a copy of that divorce or separation agreement on file. Now, one thing we need to talk about concerning domestic situations, a lot of times DSS gets involved. And of course, everyone thinks of DSS as the boogeyman because they come and take kids away. In the state of South Carolina, no. Only a police officer or certified law enforcement officer can take a child from a home, and that is for the safety of the child. Once a child is taken from the home by a police officer, he's turned over to DSS, so they can put that child in a home, usually with a family member, until they can get things straight at the child's regular home. Now, in South Carolina, school resource officers have what's called statewide jurisdiction, especially when it comes to kids, because they can go out there and do health and welfare checks. If there's a serious detrimental situation there, the officer can EPC the child. EPC is basically emergency protective custody. They'll take the child from that bad home, turn him over to the DSS, and again they will find a suitable home until they can get things squared away at home. If a SRO EPCs a child, they're going to go around and collect all of the siblings. So if there's three kids in three different schools, a police officer will go to all three of those schools and collect all the kids. They are taken into emergency protective custody as a family. And it's up to DSS to relocate the kids temporarily until they get the home situation squared away. Now, we understand that sometimes there is domestic violence situations at home. Nobody likes anybody anymore. The bad thing about mom and dad, boyfriend, girlfriend fighting, the kids are right there watching this, absorbing this. They are mentally stressed out just from watching this situation happen. Sometimes kids will tell a school teacher or counselor that mom and dad are fighting again and the police showed up. So a child cannot learn if their home life is a wreck, believe me. The other thing I need to talk about is the school diff uh school districts. School districts are awesome places. I've seen them step in and help our children out greatly. They provide food after school, they provide after school activities, they provide transportation. I never thought I'd see the day a child would come to school every day in a taxicab or Uber, but that is just one awesome thing our school districts do for kids. And they look out for their mental welfare. I know we gone over we went over a lot of things today. We had to cover a lot of things today. So in closing, the main thing we look at is protection of the kid and the kids' welfare. That's inherent upon everybody. So again, if you have anything you'd like to add to this discussion or you want to make comments or share some experiences, again, like, comment, and subscribe because we want to make this your channel where we can have a great conversation back and forth. So tell your friends about us, tell your family, we're going to be here again, hopefully next week. We got another great topic to talk about. So until then, I'm Captain OG 1042. I'm out.