Can the mother of my child demand a background check on my wife?

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Can the mother of my child demand a background check on my wife?

Can the mother of my child deny my wife to participate in school activities even though my wife has been approved by the school district? Keep in mind, that we have joint custody of our child and my child support payments are always on time.

Asked on December 6, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Absent a court order which requires you to give her a background check on your wife, you are not required to procur one for your ex-.  She can certainly demand the check, but you are not legally obligated to comply. 

With regard to the second part of your question regarding school activities.... most joint custody orders will give both parents the right to make decisions regarding the eduation of the child.  Usually the only difference in duties in joint custody paperwork is who gets to decide the residence of the child and who has to pay child support.  If your orders grant you the same rights regarding the making of decisions regarding the education of the child, then you can consent to your wife's involvement in your child's school activites.  Even absent this provision, you should still be okay because it doesn't appear that your wife is trying to make any decisions regarding the education of your child, only participate in the education system that she has chosen to enroll your child in.  It's just cleaner and clearer if you have the same general parental duties.  If you are not sure whether your orders grant you this right, arrange for a consultation with a family law attorney to review your orders.


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