When summer winds down, and the back-to-school rush begins, parents everywhere get laser-focused on buying school supplies, updating last year’s wardrobe, and getting everybody back into a routine. But for divorced parents, legal preparation is another essential back-to-school task. Ensuring that your custody agreements, emergency contacts, and educational decision-making rights are updated can make a world of difference in your child’s school year – and in your co-parenting relationship.
At Melone Hatley, P.C., our Virginia Beach family law attorneys believe every child – and parent – deserves a smooth and successful school year. And if you are a divorced parent, this will begin with clear and updated legal and administrative documents. Regardless of whether your child is beginning their first year of preschool or heading into their final year of high school, the beginning of this school year is a crucial time to review your legal documents and arrangements and ensure that your child’s school has everything they will need.
Custody and Visitation Orders: Are They Working?
School schedules can change a co-parenting family dynamic in one fell swoop. What may have worked fine over the summer can fall apart once classes, homework, and extracurricular activities resume. For many co-parents, the start of the school year can reveal cracks in a parenting plan that worked just fine during the summer. Now is the time to sit down with your agreement and compare it to the school calendar.
Does your parenting plan align with new schedules? Who will handle morning drop-offs? Who will pick up after practice? Does your current order even address these details? Have either of you moved, changed jobs, or adjusted your availability?
If your parenting plan requires some modification, it’s worth consulting with your attorney now. Taking a proactive approach can save miscommunication and avoid putting your child in the middle of a disagreement.
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Review Your Emergency Contacts and Medical Authorizations
If your child gets sick or injured at school, the school will refer to the emergency contact list and medical release forms you’ve provided. But if those forms don’t accurately reflect your current arrangement or contact information, it can cause more chaos during an already tense time.
Never assume the school is aware of your situation. Providing updated medical consent forms and emergency contact details can prevent confusion and ensure your child gets the care they need – fast.
Who is listed as your child’s primary contact at school? Can both of you be reached quickly in an emergency? In many families, one parent is the primary day-to-day contact while the other has equal legal rights but isn’t always available during school hours. In these cases, it is crucial to have a written plan and ensure that both the school and your healthcare providers know who can make decisions in your child’s best interest. Your pediatrician’s information should also be up to date in the school records, and ensure they have received updated authorizations.
Who Has Decision-Making Authority?
Joint legal custody sounds simple on paper. Both parents share the right to make major decisions about their child’s upbringing, including their education. But practically speaking, things can get complicated when co-parents don’t agree.
If your custody order doesn’t outline a clear process for resolving disputes, your child’s school may find itself caught in the middle, or worse, your child may be left without critical services. For instance, if your child qualifies for an Individualized Education Program (IEP), both parents may be required to sign off. If one parent refuses, your child may go without support while it gets sorted out in court.
Now is the time to clarify how educational decisions will be made for your child. If needed, you can work with your attorney to build in tie-breaking procedures or assign specific decision-making authority for school-related matters. It’s not just about your rights but your child’s access to opportunities and support.
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Accessing School Records and Communications
In today’s digital age, school communication is more streamlined, but only if both parents are receiving it. If only one parent is receiving school newsletters, grades, or event invitations, it can lead to a lack of transparency and missed opportunities for your child.
Federal law protects both parents’ rights to access school records, regardless of who has physical custody. But many schools still operate under outdated assumptions and may only communicate with the parent listed as the primary contact. You will want to make sure both of you
- Have access to the school’s online portal
- Receive report cards and attendance updates
- Are listed on contact forms and distribution lists
If necessary, submit a written request to the school to ensure that both parents are included. Not only does this ensure you are both involved in your child’s academic life, but it supports a more cooperative co-parenting effort.
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Child Support and School Expenses
Back-to-school season can be expensive, from uniforms and backpacks to tech devices and activity fees. If your arrangement doesn’t specifically outline who pays for what school expenses, disagreements can escalate fast.
While child support may cover basic needs, many school-related expenses fall into a gray area. Taking a proactive approach will help you get responsibilities clarified before they become a point of conflict.
Will your child’s extracurriculars be a shared cost? Who will be responsible for field trips or tutoring fees? What about unexpected costs like replacement textbooks or lost calculators? If your agreement is vague or outdated, consider amending it or, at the very least, having a conversation with your co-parent to clarify expectations. It’s much easier to have that talk now than after a receipt has already been submitted.
Transportation and After-School Logistics
A smooth daily routine is one of the most important factors in a successful school year, both for you and your child. But when you share custody, even small disruptions can throw everything off balance.
Does your current plan account for early dismissals? Sick day pickups? After-school care or tutoring appointments? As your child ages, these logistics will also change. What works in elementary school will not fit their middle or high school schedule or needs. Each year, you may have to build out a new transportation blueprint for the year, one that both of you can rely on and that your child can depend on for consistency and security.
Travel and Holiday Schedules
School calendars are peppered with long weekends, in-service days, and holiday breaks. These are time off for students, but there are also potential disputes waiting to happen if your parenting plan hasn’t addressed them.
Take the time to compare the academic calendar with your current arrangement. Are school breaks divided fairly? How are long weekends handled? Do you have clear responsibilities and obligations outlined in your agreement regarding travel plans and permission from the other parent? If one parent plans to take the child out of state – or out of the country – is consent required? What is the notice requirement? Putting these in writing now sets expectations upfront.
Giving Your Family a Strong Start This School Year
A new school year is more than just a fresh start for your child. It also offers new opportunities for growth and learning for co-parents. Taking the time to review and update your legal documents will set expectations and avoid conflict, keeping the focus on what matters most: your child’s success and stability.
If your current custody agreement is vague or not working for you, or you need guidance navigating school-related issues and decision-making rights, working with a knowledgeable family law attorney can be an invaluable resource. At Melone Hatley, P.C., our Virginia Beach family law team understands the importance of building a strong legal framework that supports your family throughout every stage of life. Whether you need help updating an existing parenting plan or resolving a dispute, we are here to help. Call us at 757-296-0580 or schedule a free consultation online with one of our Client Services Coordinators.
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