Legal Question in Family Law in Michigan
Access to School Records and Personnel
My eight year old son has had a difficult year in school, both behaviorally and academically. I have attempted to become increasingly involved(i.e. requesting conferences, progress reports, and imposing appropriate consequences), only to be told by school personnel(after an angry visit to them by my son's mother) that they can no longer give me information about my son's progress and that all information must go through his mom, who is the ''custodial parent'', per ''school policy''. Our Divorce Agreement clearly states that I am to have equal access to all records and personnel. Could there be such a policy when his mom and I have joint legal custody? What recourse do I have if there is no such policy? Would my Divorce Agreement supercede any such policy? Any advice would be greatly appreciated. Thank you.
4 Answers from Attorneys
Re: Access to School Records and Personnel
Write a letter demanding immediate compliance with the divorce judgment. Attach the judgment. If they do not comply, have a hearing dragging the principal and superintendent before the judge to explain why they should not be held in contempt of court for ignoring the judgment. William S. Stern 248-353-9400
Re: Access to School Records and Personnel
Generally, non-custodial parents that also have joint legal custody have a right to school records and information regarding their child. These rights may be effected by some form of protective order. Absent such an order, schools should not interfere with a parents right to information regarding his/her child. If you need help with this matter, I'd be happy to assist.
Janet M. Ziulkowski
(586) 979-7302
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Re: Access to School Records and Personnel
You absolutely should have access to this information if you have joint legal custody. Further, if this problem with your son's behavior has to do with the environment in the custodial parents home, you might be able to petition for a change of custody. For more info. call (248)851-3171
Re: Access to School Records and Personnel
You are absolutely entitled to this information, absent a court order to the contrary.
It shouldn't take legal intervention, --make an appointment with the principal, explain to him that you are not looking to have the school involved in your divorce and you're not going to kidnap your child from school,-- you just want to stay current with your child and be proactively involved in his/her education. These are usual concerns.
Get on the school mailing list and make sure they know where to send duplicate report cards.
If your Ex-wife continues to interfere, you may have to go back to court and get an explicit order that she not do so, even though the law is clear that she has no right to prevent your interaction with the school.
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