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Guardianship
What rights does a mother have to access her child's school records?

What rights does a mother have to access her child's school records?

Q: How long are parents legal guardians?

Parents are typically considered legal guardians of their children until the child reaches the age of majority, which is usually 18 years old in most states. However, if a court has established guardianship with another individual, that arrangement may continue until the court decides otherwise or the child reaches adulthood.

Full question:

We have had limited guardianship of our grandson since 2000. What legal rights, if any, does his mother have as far as school or medical records. His mother is contacting the school demanding school grades/records. She lives out of state. What kind of rights does she have?

Category: Guardianship
Date: 04/07/2025
State: Michigan

Answer:

The Family Educational Rights and Privacy Act (FERPA) ensures that parents have access to their child's educational records. According to FERPA, a "parent" includes a natural or adoptive parent, a legal guardian, or someone acting as a parent when the actual parent is absent. However, these rights transfer to the student once they turn eighteen or attend a postsecondary institution.

FERPA allows parents to review educational records, request amendments for inaccuracies, limit the disclosure of certain personal information, and file complaints if they believe their rights have been violated. Schools must comply with FERPA to avoid losing federal funding.

In Michigan, specific statutes protect student records. For instance, a school employee cannot disclose student records without consent from the student if they are eighteen or older, or from a parent or legal guardian if the student is a minor (Mich. Comp. Laws § 600.2165).

Given that you have limited guardianship, the mother may still have rights under FERPA, but the specifics can depend on the nature of the guardianship and any court orders in place. It may be beneficial to consult with a legal professional to clarify her rights regarding access to school records.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the negative effects of guardianship?

Guardianship can limit a parent's ability to make decisions for their child, as the guardian typically has legal authority over those decisions. This can create tension between parents and guardians. Additionally, guardianship can affect the child's relationship with their parents and may lead to feelings of confusion or abandonment. It may also restrict the parent's access to important records or information about the child's education and healthcare, depending on the terms of the guardianship.

How much power does a guardian have?

A guardian has the legal authority to make decisions regarding the child's welfare, including education, healthcare, and general upbringing. However, the extent of this power can vary based on the type of guardianship established and any court orders in place. In some cases, guardians may need to consult with parents or follow specific guidelines set by the court.

What rights are lost under guardianship?

Under guardianship, a parent may lose certain rights, such as the ability to make decisions about their child's education and medical care. The guardian typically assumes these responsibilities. Additionally, parents may have limited access to records and information about their child's well-being, depending on the terms of the guardianship and any legal agreements in place.

How long are parents legal guardians?

What are the downsides of guardianship?

The downsides of guardianship can include emotional distress for both the child and the parents, as it may create a sense of separation. Guardianship can also complicate family dynamics and may lead to legal disputes over decision-making authority. Furthermore, parents may find it challenging to access their child's records or participate in their upbringing, depending on the terms set by the court.

What rights do you lose under guardianship?

Under guardianship, a parent may lose the right to make decisions regarding their child's education, healthcare, and general welfare. The guardian typically assumes these responsibilities, which can restrict the parent's ability to access important records or information about the child. The specific rights lost can vary based on the type of guardianship and any court orders in place.