[averysdad]

Alabama- My ex is the legal & custodial parent of our son, who is about to enter high school next Fall.
Our son wants to apply to a local and top-flight college-prep school, for which he seems highly qualified. Mom says "no way", refusing even to let him apply.
While I have the right to collect records and evaluations needed for his application, the ex has forbidden school staff from writing required referrals on his behalf. This will jeopardize his application process.
I know the legal custodian has authority to decide on the school. Yet, I believe that the child has the right to apply to an elite school, and that forbidding production of referral letters is beyond her authority.

ITEM: I have filed a motion for custody change based on the education issue, and others. However, the court date will arise after the enrollment deadline at the finer school has passed.

QUESTION 1: Does the custodial parent have the authority to forbid references for the child, as request by a con-custodial parent having full rights to educational data?
QUESTION 2: If so, is there any injunction or other tactic which I can pursue, allowing me to follow through with this application process for my son, in view of the pending custody case stemming from the conflict?

[Fr_Chuck]

And what would allowing them to apply and get letters do except get a child's hope up, just to have the parent not allow them.

Of course the parent with legal custody can tell the child no they can't go to a certain school. And yes they can stop them from applying.

What part of they have legal custody do you not understand

You can file to have legal custody changed, and show that you will provide all money to pay for the new school/

[Synnen]

Actually, I can't find the exact place under FERPA law where this is listed, but I don't believe that a school can legally withhold any educational record from the student. From third parties, yes, but not from the student himself or herself.

I work in post-secondary education, so the laws are different. But your son should consult with his school counselor to determine what rights he has to access letters of recommendation himself. While the custodial parent determines the school, if your son is in high school, he has some rights to his educational records--including letters of recommendation. You can also check with a lawyer conversant in FERPA law on this.

HOWEVER--the if the other parent has FULL legal right, he/she decides on the schooling for the minor child.