If you have recently gone through a divorce in Tennessee, you may be wondering how this new life dynamic will affect the back to school process for you and your children. Though most experts agree that there’s no reason to jump the gun and inform your child’s school about your divorce before it has happened, it is generally a good idea to bring the school up to speed once the divorce is final and a parenting plan or custody agreement is in place.
There are, however, certain instances where you should definitely let the school’s administration know about your impending divorce and important custody changes. One such example is if there has been an Order of Protection from Domestic Abuse filed. In these cases, the school needs to be informed about who should and should not be allowed access to the child. Schools are aware of their responsibility to protect the children in their care, and your school may ask for certain specific documents to keep on file as proof.
Another example where it can be a good idea to keep the school informed is in contentious custody cases where visitation has been shared between parents. The school may benefit from knowing the physical custody or visitation schedule, so it can take steps to ensure that the children leave with the right parent on the right day.
Physical custody is not the only thing that matters, as schools should also be concerned about other relevant custody arrangements. For instance, what if one parent has been precluded by Court Order from having any contact with the child? While this only happens under extreme and rare circumstances, such as abuse or neglect, the school needs to be made aware of the situation and provided with a copy of the Order.
If no Court Order has been issued forbidding any contact with the child, TN Code 36-6-110 states both parents have the right to receive directly from the child’s school copies of the child’s report cards, attendance records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents, upon written request that includes a current mailing address.
If you are dealing with not being afforded access to your child’s school records or your former spouse is not adhering to a Court Order, you should to seek the services of an experienced family law attorney. Contact Donna Wagner and set up a consultation whereby you can be advised of your rights under the law as it relates to your children.