September 2, 2025

School Records and Privacy Rights Involving Divorced Parents

When parents divorce or separate, custody agreements often cover parenting time, decision-making, and financial responsibilities — but access to school records can become an overlooked source of conflict. Questions about who can see report cards, communicate with teachers, and make decisions about a child’s education often arise.

If you’re navigating co-parenting in Pennsylvania, here’s what you need to know about school records, privacy rights, and how custody impacts educational decision-making.

1. Who Has the Right to Access School Records?

Under the Family Educational Rights and Privacy Act (FERPA), both parents — regardless of physical custody — generally have the right to access their child’s educational records. This includes:

  • Report cards and progress reports
  • Attendance and disciplinary records
  • Standardized test results
  • Teacher evaluations and classroom notes

However, these rights can be limited by court orders. If your custody agreement specifically restricts access, schools must comply with the court’s instructions.

2. Legal Custody vs. Physical Custody: Why It Matters

In Pennsylvania, custody is divided into two main categories:

  • Legal Custody → The right to make major decisions for your child, including education, healthcare, and religion.
  • Physical Custody → Where the child lives and who is responsible for day-to-day care.

Even if one parent has primary physical custody, both parents often share legal custody, meaning they both have the right to access school information. However, when legal custody is solely granted to one parent, that parent controls educational decisions and can limit the other parent’s involvement.

3. Common Disputes Over Educational Privacy

Divorced and separated parents often face challenges related to school communication, including:

  • Access to Report Cards
    One parent feels “left out” if they don’t receive grades directly from the school.
  • Teacher Conferences
    Should both parents attend? What happens if one parent isn’t invited?
  • Emergency Contacts
    Disputes arise over who is listed as the primary contact.
  • School Choice Decisions
    If parents disagree about public vs. private school, mediation or court intervention may be necessary.

4. How Schools Handle Conflicting Parent Requests

Schools must comply with custody orders and are not responsible for resolving parental disputes. Typically, schools will:

  • Provide records to both parents unless prohibited by court order.
  • Require parents to submit custody documents to clarify rights.
  • Direct disagreements over school choice or access back to the family court if needed.

Proactively sharing your custody agreement with the school can prevent confusion and ensure consistent communication.

5. Steps Divorced Parents Can Take to Avoid Conflicts

To minimize disputes and keep your child’s education on track, consider these tips:

  • Clarify Custody Rights → Review your custody order to understand who has decision-making authority.
  • Communicate with the School → Provide copies of court orders to the administration and request separate access to online portals if needed.
  • Coordinate with Your Co-Parent → Set expectations about conferences, extracurricular activities, and teacher communication.
  • Seek Mediation When Necessary → If disagreements persist, a neutral mediator or parenting coordinator can help.

6. When to Contact a Family Law Attorney

If you’re facing disputes over school records, educational decisions, or custody-related privacy concerns, it’s essential to understand your legal rights. An experienced family law attorney can:

  • Review your custody agreement
  • Advocate for your educational decision-making rights
  • Petition the court to modify custody if necessary
  • Work directly with schools to clarify access and responsibilities

Final Thoughts

School records and educational decisions can become complicated when parents are divorced or separated — but clear custody agreements and proactive communication can prevent most conflicts. If disagreements arise, our firm can help you protect your rights and your child’s best interests.