Is anyone else surprised that school supplies start finding their way into stores earlier and earlier each summer? It’s downright depressing when we still have plenty of sunny days and swimming to do before the bell rings. Issues revolving around education can bring conflict and stress to co-parents who must navigate teachers, homework, grades and extracurriculars.
If parties share joint legal custody of their kiddos, they have an equal say in medical decisions, education (including where they attend school or childcare) and what extracurricular activities they participate in. If parents can’t agree, a motion needs to be filed for the court to decide the issue, preferably well in advance of the new school year. Unless an order prohibits it, both parents can attend games, go to parent-teacher conferences and participate in all the fun homework assignments we find out about at 7 pm the night before they are due.
In cases where one parent is awarded sole legal custody, the decision making is left to that parent alone. If the other party doesn’t agree to that school or activity, they are stuck with it until and unless the court modifies the legal custody award to joint. The parent without legal custody may be concerned about the right to obtain information about the child’s education or health care decisions. Michigan law directly addresses this in MCL 722.30:
Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited from having access to the records or information by a protective order. As used in this section, "records or information" includes, but is not limited to, medical, dental, and school records, day care provider's records, and notification of meetings regarding the child's education.
This law helps eliminate conflict between parents who lack effective communication skills, as it allows both parties to obtain records and information without having to ask the other parent. A parent without joint legal custody can still receive current information on how the kids are doing and address it with the other parent or the court if necessary. This is an important and necessary law as it emphasizes the importance of both parents being involved in the children’s lives and information being shared with both parents.
As the law states, it does have exceptions for those with protective orders prohibiting information from being released. Personal protection orders can include this prohibition if the court believes the safety of the petitioner and/or child could be at risk.
Regardless of the custody award, it’s important for every parent to be aware they have a legal right to learn how their child is doing physically and educationally – after all, knowledge is power.
