Is this considered falsifying a document?

Question

My husbands exwife is preventing him from seeing his daughter. They live in a different state. He was supposed to drive to Florida in 2 weeks to pick her up for 5 weeks this summer. It was an agreement they had for months now. The other day, his ex called him and said that their daughter failed math, she has to attend summer school so he can't pick her up. He requested a copy of her report card from her, so his ex emailed one to him, however it was edited. She somehow put an "F" under final math grade, but the 4 grades for the year were 3 D's and 1 C, which does not average an F, and she edited where the report card said "promoted" and put there "summer school recommended" not even having the words spelled right. He contacted the school principal and now has the original report card which is how he knows she tampered with it. She also had his daughter lie to him about it over the phone. He finally filed for custody of her since this has been going on for quite some time along with other things that his ex did. Is this something he can use against her in court? I would assume that falsifying a document is illegal. And to have his child lie to him about it is awful, she's only 8 years old

Answer 1

this document doesn't have legal standing- it's a freaking report card. however- he does have cause to file for custody.

Answer 2

Actually, a report card IS a legal document, believe it or not.



It has to have a child's legal name and it CAN be used for identification purposes. School records are also legal documents. They can be used to establish residency.



However, she isn't going to be charged with a crime for messing around with her kids' report card and giving a copy to her ex. Your husband did the right thing by requesting a copy from the school and in fact, he can request that the school send him all documents pertaining to his child at any time. Expecting his ex wife to provide him with documentation that he can just as well get himself, is lazy on his part.



Regardless of that, even if she had failed a class, that should have no bearing on the visitation schedule. If she needs summer school, then she can get it with her dad where he lives as much as she can get it with her mom.



Is the visitation time in writing and is there a previous parenting plan in place? If so, then he should proceed to go to Florida to get her as agreed, with a copy of the agreement in his hand. If his ex refuses to release custody to him, then he can call the police and have them escort him to get his daughter. He may even be able to have her charged with custodial interference. If he does not have any paperwork from the court that specifically outlines the visitation time, then the police will not be able to help.



EDIT- Make sure the agreement entered with the court has a court seal on it as being officially copied from the court house. Anyone can type up and official looking document from the court and if you have one with no certification seal, then the police will probably laugh in his face if he needs their help.



If you have to get a certified copy, there will be a fee. In my state it's $12 in cash, paid up front. Calling ahead to ask is prudent.

Answer 3

Falsifying a report card to avoid a visit is not illegal, it is not an official document being used for legal purposes.



Does this violate her written visitation order? If not, there is not much he can do. If it does, he needs to file for enforcement of the order.



You won't be able to use the falsified document in a custody hearing, since there is no proof who altered it.

Answer 4

Assuming your husband has joint custody, then yes, this is falsification of a document in order to defy an court order( visitation) this is good evidence to bring to court the next custody hearing your husband has