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Understand the law for parental access to a child’s records

On Behalf of | Jul 31, 2024 | Family Law |

In Virginia, parents who have ended their relationship but share custody and parenting time of a child will quickly understand the importance of coordination and flexibility. Even in stressful situations with the sides still feeling the lingering effects of how their relationship came apart, they must find a way to work together for the child. That is part of the oft-heard statement about “serving the child’s best interests” in family law.

A key part of that is making sure that each parent gets the information about the child they are entitled to receive. According to the law, that means the parents will have access to the child’s records. When there are disagreements over these issues, the parents must make sure they do not let the dispute escalate, nor should they take matters into their own hands. As with any legal consideration, it is imperative to know their options and to have advice.

Parents will generally have access to their child’s records

No matter the custody arrangement, both parents have the right to see their child’s records. That includes their school records, medical records, dental records and any other important part of the child’s life. For example, if the child has an illness or another worrisome health issue, the custodial parent cannot keep the records and information from the noncustodial parent without a good reason for doing so.

The same is true for school records. A child who is having trouble with their studies or is showing behavioral issues will need them to be addressed. Part of that could be the parent taking an active role by disciplining the child, working with the child on improving and consulting with their teachers. That would be difficult if they do not have all the information that the other parent is obligated to provide when requested.

Despite that, there are instances when the court will allow a parent to withhold health records from the other parent. There must be good cause shown for this to take place. The key is whether it would not serve the child’s best interests and could cause them significant harm if the records were to be provided.

Their physician, a clinical psychologist, social workers or counselors can make this determination and issue a statement that in their professional opinion, it could be damaging to the child to share the information with the other parent. Such a denial could be subject to review.

Parents need to be aware of how information must be shared

With minor children, these family law issues can come to the forefront. Knowing how to address them is vital to reaching a solution that benefits the parents and the child. A child’s development can hinge on the parents working together to help nurture and care for them.

A crucial aspect of that is sharing the child’s records so both parents have all the necessary information. When one or both parents are unwilling to adhere to this law or believe they have a justifiable reason not to, it is essential to have qualified and caring guidance to state their case and protect themselves.

 

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