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Southwest Allen County Schools

Preparing today's learners for tomorrow's opportunities

Custodial and Non-Custodial Parents

Parents who are divorced or separated need to be aware of the rights of both custodial and non-custodial parents. The following information is consistent with both federal law and local school board policy.

Unless the school has legal documentation on file regarding custody and visitation, both custodial and non-custodial parents have the same rights to the child and school information related to the child. For example a non-custodial parent could pick their child up after school without specific permission of the custodial parent, unless we have a court document on file that defines custody rights and visitation.

If we have legal documentation on file, the school will comply with the documentation. For instance, if a non-custodial parent has visitation on Wednesday after school listed in the court document, then it would be acceptable for the non-custodial parent to pick their child up after school on Wednesday without notification from the custodial parent. However if the non-custodial parent is going to pick their child up on another day, the school would require written notice from the custodial parent before releasing the child.

Upon request of the parent and unless prohibited by the court, the school shall provide equal access to student records, notices and program announcements, etc., to both the mother, father and/or guardian of children whose parents are divorced. Copies of any restrictive court orders must be made available to the school before such access will be denied. Non-custodial parent requests for information shall name the student, the address and telephone number of the parent seeking access, and the specific access desired.

In all cases it is the responsibility of the parent(s) to provide the school with copies of court documents related to the custody of their child(ren) if they wish the school to be responsive to the court ordered custody arrangements.