Educating Schools in Family Law

As the relationships of children, their parents and extended family members are increasingly affected by court orders, family law practitioners see schools caught in the middle of custody and visitation battles. Often the schools do not have any forewarning of problems. The result is that one side — or both — attempts to draw the school into the suit or accuses the school of being biased. With a little work and sharing of information on the part of the parents, the schools and the lawyers involved, these problems can be avoided.

Section 151.001 of the state’s Family Code specifies the rights and duties that every parent has, subject to a court order affecting those rights and duties. The rights and duties of a parent often are altered as a result of divorce or similar proceeding as set forth in chapter 153 of the Family Code. Several of these rights have a major impact on schools. Among them are the right of access to educational records; the right to consult with school officials concerning the child’s welfare and educational status; the right to attend school activities; and the right to be designated on the child’s records as a person to be notified in case of an emergency.