When parents go through a divorce, the paperwork, court dates, and emotional weight can feel endless. But once the dust settles, a surprisingly common question comes up: who gets to stay in the loop with the kids' school? Whether it's report cards, teacher emails, or parent-teacher conference invites, knowing your rights matters — and so does knowing how to protect them.
If you're unsure where you stand with your child's school records and communications, don't wait. Call us today at (843) 891-6100 or reach out through our online contact form to talk with a member of our team.
What the Law Says About School Records After Divorce
Federal law gives both parents the right to access their child's school records — regardless of who has physical custody. This law is called FERPA, which stands for the Family Educational Rights and Privacy Act. Under FERPA, schools must give both parents equal access to things like grades, attendance records, and disciplinary reports, unless a court order says otherwise.
In South Carolina, this federal rule is backed up by state family law. A court order dealing with child custody will often address educational rights directly, but even without one, FERPA applies. This means a school cannot legally refuse to send one parent information just because the other parent asked them to.
Understanding Legal Custody vs. Physical Custody
Before going further, it helps to understand two key terms: legal custody and physical custody. These are not the same thing.
Physical custody refers to where the child lives and who handles day-to-day care. Legal custody is about the right to make major decisions for the child — things like schooling, healthcare, and religious upbringing. A parent can have physical custody without sharing legal custody, or both parents can share legal custody even if the child lives mostly with one parent.
When both parents share legal custody (called joint legal custody), both typically have the right to receive school information. When only one parent has legal custody (called sole legal custody), that parent generally holds the decision-making power — though the other parent may still have access to records under FERPA.
What Schools Are Required to Share
Schools are required to provide both parents with access to educational records unless a court order specifically restricts one parent's access. This goes beyond just report cards. Here are common examples of what a non-custodial parent — meaning the parent the child does not primarily live with — is generally entitled to receive:
- Report cards and progress reports
- Standardized test results
- Attendance records
- Records of disciplinary actions
- Special education evaluations and plans (such as IEPs — Individualized Education Programs)
- Notes and communications from teachers or administrators
After this list, it's worth knowing what to do if you're being left out. Keeping a record of your requests to the school — and any responses you receive — can be very helpful if the issue later needs to be addressed in court.
When a School Refuses to Share Information
Sometimes schools mistakenly follow only the custodial parent's wishes. They may send report cards to only one address or remove the other parent from email lists. This is frustrating, but it does happen — usually out of administrative oversight rather than intent.
If a school refuses to give you access to your child's educational records, you have the right to formally request them in writing. If the school still refuses, you can file a complaint with the U.S. Department of Education. You may also have grounds to bring the issue before a family court judge, especially if this refusal is part of a broader pattern of one parent blocking your involvement.
What to Do If the Other Parent Is Blocking School Communication
Co-parenting after divorce is hard, and sometimes one parent tries to keep the other out of the loop — including at school. This might look like telling the school not to contact the other parent, removing them from school portals, or withholding report cards and permission slips.
This kind of behavior can actually affect a child custody case. Courts in South Carolina look at how each parent supports the child's relationship with the other parent. If one parent is shown to be interfering with the other's access to school information, a judge may view that negatively. It can even lead to a modification — meaning a change — to the existing custody arrangement.
Steps You Can Take to Protect Your Rights
If you believe your educational rights as a parent are being ignored, here are practical steps you can take:
- Contact the school directly and provide a copy of your custody order (if one exists), asking to be added to all communications
- Request a separate set of report cards and school notifications sent to your address
- Ask to be listed as a parent or guardian in the school's records system
- Keep copies of all written requests and the school's responses
- Speak with a family law attorney if the school refuses or the other parent continues to interfere
Taking these steps early gives you a paper trail — a documented record — that can be valuable if you need to go back to court. Acting quickly and calmly shows the court that you are engaged and focused on your child's well-being.
How a Custody Order Can Spell Out School Communication Rights
One of the most effective ways to avoid confusion is to make sure your custody order addresses education specifically. A well-drafted parenting plan — the written document that outlines how you and the other parent will share responsibilities — can include language that requires both parents to be listed on school rosters, receive report cards, and be notified of school events.
If your current order is vague or silent on this issue, it may be worth asking the court to modify it. A family law attorney can help you draft language that is clear, specific, and enforceable. That way, there is no room for dispute over who gets what information.
What About School Emails, Portals, and Teacher Communication?
Modern schools use a lot of digital tools — parent portals, email newsletters, teacher apps, and online grade trackers. FERPA covers these just as much as paper records. Both parents should have login access to school portals and be on email distribution lists for things like newsletters, event announcements, and teacher communications.
If your child's school uses a platform like ParentSquare, Remind, or a similar app, ask the school's front office or registrar to set up a separate parent account for you. Most schools are willing to do this once they understand the situation. If the other parent has blocked you from a shared account, report it to the school and request your own individual access.
Speak With a Summerville Family Law Attorney About Your Child Custody Rights
Knowing your rights on paper is a good start — but protecting them in real life sometimes takes more than a polite phone call to the front office. If you are a co-parent in the Summerville area who is being cut off from your child's educational information, TMW Law is here to help you understand your options and take the right steps forward.
Our team handles child custody matters throughout the Summerville area, and we know how important it is for both parents to stay connected to their children's lives. Whether you need help modifying an existing custody order, addressing a school's noncompliance, or dealing with a co-parent who is interfering with your rights, we are ready to stand by your side.
Call us today at (843) 891-6100 or use our online contact form to schedule a consultation. You do not have to figure this out alone.
