Child Custody Issues in the Schools
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 custody is presumed to be in the best interests of the minor child.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.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.