The Non-Custodial Parent’s Rights During the School Year

Custody arrangements must be flexible and account for a variety of circumstances. The school year can be challenging for children who must go back and forth between their two parents’ homes. While it may be difficult, they would usually be able to see a non-custodial parent during the school year. However, the specific situation would dictate how and where they may spend time with that parent.

The Circumstances May Dictate When Children Can See the Non-Custodial Parent

Similar to any situation in which custody is involved, how much time the children can spend with the non-custodial parent during the school year would be determined by the best interests of the child test. There is a fundamental interest in allowing the children to spend time with both parents, even when one does not have custody. However, there may be a competing interest to preserve the children’s schedule to the fullest extent possible, allowing them to effectively learn in school.

Everything would be determined by the facts and circumstances of the situation. For example, the parents may live in relatively close proximity to each other, allowing the children to spend time with the non-custodial parent during the year. In that case, a parent may even be able to spend overnights with the children, assuming they are able to get them to and from school. However, if the children have a long distance to travel, both to and from the parent’s house and to school, it may be harder for them to see the non-custodial parent.

Nonetheless, the custodial parent would still be able to see the children, although the visitation schedule may need to be both creative and adjusted to allow for it. For example, the parent may only be able to see the children on weekends and during school breaks. It is likely that a court would try to find a way for the child to spend time with both parents, even if it may require

Anticipate Potential Visitation Issues When Reaching a Custody Agreement

It is essential that you consider these issues in advance when you are negotiating a custody agreement. The last thing that you want is to have a dispute with the other parent or end up in court when one parent seeks to modify the custody arrangement. However, as the children get older, there may be issues related to school that arise that could drive the need for modification. As much as you try to anticipate issues at the time of the divorce, circumstances may always change in the future.

Parents Have a Right to Educational Records

In addition, a non-custodial parent would also be entitled to receive information from the school about their child and schooling. There is a federal law called the Family Educational Rights and Privacy Act that allows both parents to access educational records. Even if you do not have legal custody and the right to make decisions about your child, you can still access your child’s educational records unless there is some document revoking your rights. If you are a non-custodial parent, it is vital that you keep informed about how your child is doing in school, even if the other parent will not share the information with you.

Contact a Kansas Family Law Attorney Today

The attorneys at the Colgan Law Firm, LLC can help you negotiate a custody agreement that preserves your rights while acting in the best interests of the children. It is vital to get legal counsel early in the divorce process for the most effective legal advice possible. You can schedule a consultation with an attorney by messaging us online or by calling us today at 913-721-9999.