Notice: This is part one of a two-part series on how school officials can address the child custody issues they could encounter on campus. Part 1 covers custody basics, and part 2 covers how these issues apply in cases where child abuse and/or domestic violence are suspected. This article contains educational information, not legal advice. Check with an attorney for case-specific policies and procedures and state laws.
In Cleveland, Tenn., a man without physical custody of either his 6 year old son or his estranged wife’s 8 year old daughter signed both children out of school and left with them. A divorce was pending, and the custodial mother had previously told the school not to let the man leave with either child. School policy required a written reason for removing students and approval of the reason by the principal. The man wrote “keeping promise to mother” as the reason for taking his estranged wife’s daughter and “payback” as the reason for taking his son. The principal did not see or approve these reasons. The man went to his home, stabbed the children to death, poured gasoline on their bodies and set the house on fire. When police arrived, the man refused to put down the knife, charged a police officer and was killed.
School officials almost need a law degree to protect students. Sorting out the rights of single parent families, blended and non-traditional families and divorcing, separated and never married families is very difficult. Laws and regulations vary from state to state, but a few basic rules are useful in most situations. This terrible tragedy might well have been averted by following state law and a properly established school policy…