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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9349
Experience:  Experienced Family Law Attorney
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My ex husband remarried. I am the custodial parent. My

Customer Question

My ex husband remarried. I am the custodial parent. My children are 16,17 and 18. The children schools have now added her to all of the consent forms and given her access to my children's grades, etc via internet, as the do for bio parents. my children dislike her greatly, with good reason. is this legal?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: TN
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.

Thank you for your patience as I reviewed this. Here is the legal definition of a parent, as defined by FERPA, the federal act governing school records:

an individual acting as a parent in the absence of a parent or guardian.” 34 C.F.R. §99.3

The courts have found that if the step parent lives in a home that has the children present at least part of the time, they are considered a parent for purposes of FERPA and can have access to the records:

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/library/hastings082004.html

This is contingent upon the step parent's marriage to the spouse, and it does not survive a divorce.

A parent may obtain a court order restricting access to a step parent and that can be provided to the schools, in which case that information would only be available to the child's true parents.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 9 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!