By Jennifer Starlin, Thrun Law Firm, P.C.
When all is not quiet on the home front, building secretaries are often the first to know. Parents may make requests that the other parent not be permitted access to the student or claim that the other parent’s rights have been limited by a court. Sorting through the drama to determine the truth can be a daunting task.
Under Michigan law, both parents of a child are equally entitled to the custody and control of the child unless a court order specifically states otherwise. Michigan law also allows either parent, regardless of custody, to access school records unless a court order specifically limits access to records. A noncustodial parent has the same right to visit school, volunteer, or pick up the child as the custodial parent, unless a court order provides otherwise.
A court may, but is not required to, address a parent’s decision-making authority and ability to sign out the student from school. Such orders are uncommon. Parents often believe that parenting time or custody orders also limit the other parent’s rights at school on days when that parent is not the child’s custodian. For example, if the order states that the child is to live with one parent during the week, the court order does not specifically prohibit the other parent from volunteering at the school or visiting the child at school during the week, consistent with school policy. If one parent believes that the other parent should not be present at school, the parent can seek a court order limiting the other parent’s rights at school.
How should a secretary respond to a parent claiming that the other parent’s rights have been limited? First, ask for copies of any applicable court orders. A court speaks only through its orders, so a parent’s claim that a judge “said” or “meant” something is not enforceable unless it’s in a court order.
If presented with a court order that limits a parent’s rights, it is often a good idea to let that parent know that the school received the court order and plans to follow it unless the parent produces a more recent court order that says something different.
Unless a court order says otherwise, either parent can pick up their child from school. If a parent claims that the other parent is not allowed to pick up the student or that allowing the other parent to pick up the student will harm the student, school staff should direct the parent to get a court order clarifying pick-up rules. If a parent arrives at the school to pick up a student and the custody status is unknown or the child seems reluctant to go with the parent, contact law enforcement for assistance.
Parent attorneys sometimes contact secretaries via phone, email, or mail seeking student records for an upcoming hearing. A parent must provide signed consent allowing the school to disclose any student records to someone who is not a parent or legal guardian.
If a secretary receives a subpoena, that subpoena should be given to a supervisor immediately. Often, attorneys include a letter with a subpoena encouraging the recipient to contact the attorney to discuss the subpoena. Don’t contact the attorney until you’ve spoken to a supervisor! School administrators will often engage legal counsel to assist with a subpoena response. Legal counsel can help determine if the subpoena is valid and whether records can or must be disclosed in response to the subpoena. Don’t ever ignore a subpoena.
When parents feud, they may try to put school staff in the middle. Don’t take sides! If a parent becomes hostile to a school employee, document their behavior and communications. Follow your visitor policies with all parents to avoid “favoritism” claims.
Dealing with family drama can be draining but staying focused on following school policies and supporting the impacted student will set you on the right path! If your school needs assistance updating visitor or related policies, contact your Thrun attorney.