From the Courtroom to the Classroom: Common Family Law Issues in Schools

Attorneys Kara Conley and Sophie Lepien, Wisconsin Association of School Boards 

School leaders are increasingly placed in the middle of contentious family law matters, creating confusion and uncertainty with respect to the school’s role in these situations. This short overview of family law matters, which focuses on parental rights, is designed to help administrators feel more confident in supporting students and families facing challenging circumstances. 

Before answering some frequently asked questions, it’s important to start by defining a few key terms: 

  • Legal custody grants a parent the right to make major decisions concerning their child. With respect to education, major decisions include, but are not limited to, enrollment, participation in specialized academic programs, and decisions regarding special education services. Legal custody may be sole or joint. 

  • Sole legal custody means that only one parent has the right to make major decisions concerning their child.

  • Joint legal custody means both parents have equal say in making major decisions for their child. 

  • Impasse-breaking authority may also be granted to a parent.Impasse-breaking authority gives one parent the right to make certain major decisions, as defined in their court order, if the parents ultimately fail to agree. 

  • Physical placement is the time a child physically spends with a parent. A parent may make routine daily decisions for their child, which generally include things like bedtime, diet, and discipline, during their scheduled placement time. A placement schedule can be incredibly detailed or relatively broad. Most court orders include a placement schedule that provides set times that the child will be with each parent. However, a court order may also explicitly deny placement to a parent. 

  1. How do I know which parent has legal custody or the schedule for physical placement? 

During school registration or when the school is notified by the parent(s) about a change in custody or placement, the principal should request a copy of the most current family court order. It is recommended that schools obtain a certified copy of the order from the parent and not accept informal orders that do not bear the seal and signature of the court. Moreover, the school should obtain the complete order, not just pages selected by the parent. This can be particularly useful in mitigating the risk of a parent providing an inaccurate or fabricated family court order. 

If no court order exists establishing certain rights to one parent over the other, schools may proceed by first confirming the individual's status as a parent of the child. Once confirmed, a child may generally participate in school-sponsored activities after receiving permission from one parent. If a parent contests the decision, then the parent is obligated to provide the school with a court order indicating their superior rights to decide the matter. The school may also consult legal counsel for further guidance in the absence of a court order. 

  1. Who has the right to access a child’s pupil records? Who may participate in the child’s school activities? 

In Wisconsin, any parent who has periods of physical placement with their child has access to that child’s pupil records. Both parents are also allowed to receive notice and participate in school activities open to parents, so long as such participation complies with any court orders and board policies. This allows both parents to meaningfully participate in their child’s education by remaining informed and engaged. 

There are two situations when a parent loses their right to access their child’s pupil records: 

  1. The parent has been denied all periods of physical placement. In this case, the parent is prohibited from accessing their child’s pupil records without written permission from the other parent who is authorized to access the records. See Wis. Stats. 118.125(2)(e) and (2)(m).

  1. There is a court order, state statute, or other legally binding document (e.g. a guardianship agreement) that specifically prohibits a parent from accessing their child’s pupil records. See Family Educational Rights and Privacy Act (FERPA), 34 C.F.R. 99.4.

In either situation, the parent is still generally allowed to attend public school events, unless there is an order restricting their presence (e.g. a restraining order). When applying these concepts in practice, consider the following: 

Example: A parent has a child who is a sophomore in high school. The parent contacts their child’s high school attempting to access their pupil records. The parent does not have legal custody but has limited periods of physical placement. Should the school release the child’s records?

Answer: Yes. Since the parent still has periods of physical placement, they are entitled to their child’s pupil records.

  1. In general, how should a school district manage family law matters? 

At the end of the day, it is best practice for school districts to maintain a strict policy of neutrality when faced with family law disputes. Parents frequently request that schools get involved in custody and placement battles and, in some instances, contact law enforcement. In general, all such issues are best resolved by the family court. Moreover, schools should only contact law enforcement when there are serious concerns regarding safety, disruptions, violence, or trespassing. If a parent is unhappy with the placement schedule or believes the other parent is in violation of their court order, the onus is on the parent to commence proceedings through the court system. 

Example: A parent contacts their child’s elementary school upset that the other parent attended back-to-school night outside their assigned physical placement time. Is the school in the wrong for letting the non-placement parent attend back-to-school night? 

Answer: No. Absent a court order restricting the parent’s presence from school events, the parent is allowed to attend such events regardless of their placement schedule. It is not the school’s responsibility to monitor and enforce placement schedules. Modification and/or enforcement of family court orders is precisely the family court’s responsibility. 

Conclusion 
Family law disputes are often contentious and demanding. Schools are encouraged to obtain a family’s most recent court order, if available, and review it carefully to understand what rights are afforded to the parents. It is imperative that school leaders maintain a collaborative, child-centered approach that values neutrality over conflict. 

Additional Resources:

WASB Legal Comment, 7 Common Questions Involving Child Custody and Physical Placement, Michael J. Julka and Brian P. Goodman, September 2022.

State Bar of Wisconsin, Child Support, Legal Custody, and Physical Placement, WisBar, available at https://www.wisbar.org/forPublic/INeedInformation/Pages/Child-Support-Residential-Custody-Placement.aspx (last visited Oct. 5, 2026).

Wisconsin Family Connections Center, Wisconsin KinFACTS: Education (Mar. 2025), https://wifamilyconnectionscenter.org/wp-content/uploads/2025/03/education-kinfacts.pdf.

This information is intended to provide authoritative general information, with commentary, as a service to AWSA members. The materials and information provided in this article are subject to change without notice and should not be construed as legal advice.  If needed, legal advice regarding any topic, issue, situation or incident should be obtained from the school district's legal counsel. You may also direct your Level I legal questions to AWSA’s retained legal counsel, Malina Piontek, at 608-497-3037 or [email protected].