|Authored By: Drew Bracken and Miriam Van Heukelem, Date Published: 11/19/2009 9:09:29 AM, Page Count: 14, Product#: 274229
Custody issues between divorced parents are generally a matter of state law. However, even non-custodial parents may have certain visitation rights and
may also have an interest in the education of their children which rises to the level
of a constitutionally protected interest. When parents disagree, school administrators are oftentimes asked to decide who gets to participate in decisions
affecting a child’s education and who gets to visit the school or participate in the
school activities. If schools exclude one or both parents, are they risking federal
claims under section 1983 alleging deprivation of parents’ constitutional rights?
This discussion covers the federal constitutional issues as well as the claims and defenses that may arise in such controversies.