When Can A Co-Parent See Your Child’s Medical Records?
Under Florida law, both of a child’s parents have the legal right to access information and records related to that child. This includes the right to look at medical and school records and to speak with a child’s doctor or teacher about the child’s well-being or development. The only way to keep another parent from accessing these records is to ask a judge to deny the parent that right in a court order, or as part of a parenting plan. Courts aren’t typically willing to take this step unless there is strong evidence that giving a parent such access would be harmful to the child’s well-being, so if you are worried about the behavior of your co-parent and how it could affect your child’s best interests, consider calling an attorney for advice.
Access to a Child’s School and Medical Records
Florida law specifically states that a parent cannot be denied access or information related to a minor child’s records, including medical, dental, and school records, merely because that parent doesn’t have primary custody. This includes the right not only to access the records, but the right to in-person communication with a child’s education and healthcare providers. It is possible, however, for a court order to revoke the right to access these records or to restrict them in other ways, although doing so will require specific legal steps.
Filing a Petition with the Court
A co-parent who is concerned about another parent’s access to a child’s health and school records will need to ask the court to bar that parent from seeing those records before a healthcare professional or educational facility will enforce that wish. When making such a request, the petitioning parent will need to provide evidence that access would be detrimental to the child’s well-being. This comes up most often in cases that involve allegations of domestic violence, abuse, or neglect, as a child’s records often contain confidential information, like the other parent’s address. It is also possible for a co-parent to ask the court to terminate all of a parent’s parental rights, which, if granted, would not only ensure that records remain privileged, but would also terminate the other parent’s right to visitation or child custody. On the other hand, however, a parent whose parental rights have been terminated will also no longer be obligated to pay child support.
Call Today for Help with Your Child Custody Case
Co-parenting after divorce can be difficult, but no matter how acrimonious your relationship with a former spouse may be, that person will still have certain rights when it comes to your child. These rights can be amended or even terminated in extreme cases, although doing so can be difficult, especially without the help of a legal representative. To learn more about your own parental rights and obligations in Florida, feel free to call Florida child custody lawyer Sandra Bonfiglio, P.A. at 954-945-7591 today. You can also reach out to us via online message.
Sources:
leg.state.fl.us/statutes/index.cfm?App_Mode=Display_Statute&URL=Ch0061/Sec13.htm&StatuteYear=2001
floridahealth.gov/programs-and-services/childrens-health/school-health/2019-HIPAA-FERPA-Joint-Guidance-508.pdf