Some custody basics are joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. Joint physical custody means that each of the parents shall have significant periods of physical custody and in a manner to assure that a child has frequent and continuing contact with both parents.
Joint custody is presumed to be in the best interests of the minor child. In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child.
Sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. Sole physical custody means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.
School visitation: parents without legal and physical custody many not remove their children from class or visit them in school without consent of the parent with such custodial rights or a court order to the contrary. However, all parents regardless of custody have an absolute right to access student records related to their children. (California Family Code (FC) Section 4025 and Education Code (EC) 49061, 29069). A denial is only proper when made pursuant to a court order.
General definition of a parent (EC Section 49061(a)) means a natural parent, an adopted parent, or legal guardian. General rule is that a parent does not include caregiver, stepparent, grandparent, sibling or other person living with the child. EC Section 56028 expands the definition of a parent for special education purposes.
Access to the child’s records means a personal inspection and review of a record or an accurate copy of a record, receipt of an accurate copy of a record, an oral description or communication of a record and a request to release a copy of any record (EC Section 49061(e)). Pupil record means any item of information directly related to an identifiable pupil, other than directory information, maintained by a school district, whether recorded by handwriting, print, tapes, film, microfilm, or other means.
If the parents are divorced or legally separated, only a parent having legal custody of the child may challenge the content of a record, offer a written response to a written record, or consent to release records to third parties. Either parent may grant consent to release records if both parents have notified the school, in writing, that an agreement has been made. (EC Section 49061 (a))
Only the parent with legal custody may authorize the administration of medication. Emergency card may include contact information for use by the school in the case of emergency when the parent cannot be reached. However, emergency cards do not establish parental rights in listed individuals. Only parents with legal custody have standing to challenge school district action regarding their child’s education.
The principal or designee may direct any person (including a parent) to leave school grounds if the person enters the campus outside of the common areas where public business is conducted and reasonably appears that the person is committing any act likely to interfere with the peaceful conduct or the activities of the campus or facility. If the person fails to leave upon request or returns without following the posted requirements to contact the administrative offices of the campus, he/she could be guilty of a misdemeanor under Penal Code Section 626.7.
Custody and visitation issues can occur outside of court and extend to the child’s school. As such, both school officials and parents must be aware of the limitations and rights granted to them pursuant to the existing court orders and state laws that govern this area. Any questions, feel free to contact me through my website attycastaneda.com or email me at [email protected].