Legal Question in Family Law in Massachusetts
Children's right to privacy
My 13 daughter doesn't want her
father's girlfriend to attend parent-
teacher conferences with him. Is it legal
for a non-parent to participate in
parent-teacher conferences?
2 Answers from Attorneys
Re: Children's right to privacy
It is not prohibited, but if she feels strongly she should speak to her father directly.
Re: Children's right to privacy
I disagree with the prior answer. Education law dictates that parents and legal guardians are the only parties entitled to access school records and information private to the child. A parent without at least shared legal custody has no right to access absent a specific court order. The girlfriend presumably is not a legally appointed guardian of the child, so she does not fit the rules for a right to access.
You and the child's father are presumably the only two people here with a right to access to the school's private information on this child, including information that would be discussed at a conference. This is thus not a matter of what your child wants, but of she is entitled to.
If you have physical as well as (shared) legal custody, you can simply write a letter to the school and advise them that only the father is to be welcomed into the conference. If he has physical custody, and you have no legal custody you may have to bring the matter to the court.
The school itself, if advised as I suggest, should take steps. Education law dictates who may be informed of the child's information. While these things are often handled loosely, a parent with legal custody or a court can insist that the school tighten it up.
I also firmly disagree with putting this on the daughter to discuss with the father. There is enough conflict at this age. Feeding into it does not help, and may actually cause more difficulty. This is a problem to be resolved between the adults, even given the child's age.