Legal Question in Family Law in Pennsylvania

shared legal custody and visitation

I am a divorced father of three children. I have joint legal custody and visitation. I attend back to school nights, IEP meetings and get weekly progress reports from two of my children's schools. Is the school district legally allowed to honor only my ex-wife's signature on the IEP's and course selection cards because she has physical custody of the children? Recently, my gifted daughter has changed her course selection for her senior year in high school to drop out early. She will be eighteen December 30, 2004. The school wishes to change my son's IEP and is honoring only my ex-spouse's signature. I am also trying to change our custody agreement, but in the meantime am involved with the kids as much as I can be through the weekly progress reports. This latest move by the school district came as a surprise. Can they do this if I have shared legal custody and my divorce document specifically states I have shared decision making powers over religious and educational issues? Thank you.


Asked on 7/04/04, 7:59 pm

1 Answer from Attorneys
Ilene Young Young Law Offices

Re: shared legal custody and visitation

This question was posted in family law but I will respond to it wearing my education lawyer hat, as it also relates to that specialty.

Shared legal custody, without further specification in the order, would entitle both parents to participate in decisions regarding the child's education.

Under the Individuals with Disabilities Education Act (IDEA) which is the civil rights legislation that provides for special education (including gifted) and the procedural safeguards you describe (like IEP meeting notices and approval requirements) a parent has standing to participate, approve or disapprove placements. You are a parent. Depending upon the status of your legal custody, and whether any legal limitations have been placed upon your rights in this regard, you may have retained the right to this participation in your child's educational placement decisions under IDEA.

Special education law is a complex area of law. It would be best for you to consult with a lawyer with knowledge in this specialty as well as family law knowledge in your area.

Ilene Young, Esquire/Civil, Family and Special Education Law

215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 7/08/04, 8:06 pm


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