Do Non-Custodial Parents Have Rights to Their Children’s Medical and Educational Records?

If you are the non-custodial parent, you may be wondering what your rights are when it comes to your child’s medical and educational records. Even if you do not live with your child or share legal custody, you still have a right to be informed about your child’s health and schooling. Critically, Maryland law provides clear guidelines regarding a non-custodial parent’s rights to access a child’s medical and educational records. It’s important to understand your rights as a non-custodial parent and know what steps you can take if you are denied access to this important information.

Key Takeaways

• Under Maryland law, a non-custodial parent generally has the right to inspect and review their child’s medical and educational records, regardless of the custody arrangement, and unless a court order states otherwise.
• Maryland’s Family Code explicitly states that a parent cannot be denied access to their child’s medical records and school-related information solely because they do not have physical custody.
• Healthcare providers and schools are permitted to require the non-custodial parent to provide a copy of the current court order to verify that the legal right to access the records remains intact.

Who Gets to Make Medical and Educational Decisions?

If a child’s parents no longer live together, there are a few different child physical custody arrangements that may be followed. Parents may share either physical, legal custody, or both. Alternatively, either physical or legal custody may be sole and belong only to one parent. While physical custody refers to which parent the child lives with, legal custody has to do with who makes important decisions about the child’s welfare, medical care, education, and religious upbringing.

Parents who are divorced can decide on a custody arrangement between themselves. In the event parents cannot reach a custody agreement, a court would render a ruling based upon the “best interests of the child” standard. If parents were never married, paternity must first be established before a father can seek parental or custodial rights.

Non-Custodial Parent Medical Rights

Regardless of physical custody arrangement, a non-custodial parent typically has the right to see their child’s medical records. Even if one parent has sole legal and medical decision-making custody, the non-custodial parent generally still has the right to be informed about their child’s healthcare and well-being. However, a provider may require a copy of the current court order to verify that the non-custodial parent's medical rights remain intact and to confirm that the parent can legally access the child-related information.

Non-Custodial Parent Rights to Education Records

Maryland law specifically provides that if parents are divorced, separated, or otherwise living apart, both the custodial and non-custodial parent have the right to inspect and review their child’s educational records and any school-related information provided to the custodial parent.

What is school-related information? Md. Code Regs. 13A.08.02.30 defines “school-related information” as:

• Documents, which are regularly provided to the custodial parent at school meetings, by mail, or those that are sent home with the child;
• Statements regarding student and parent rights and responsibilities;
• School newsletters and school calendars;
• Notices of parent conferences, open houses, and plays; and
• Student records provided to the custodial parent, including report cards, disciplinary records, and special education notices.

The statute allows a school to require the non-custodial parent to pay a reasonable fee to obtain duplicate copies of the school-related information provided to the custodial parent. It also permits the school to require the non-custodial parent to sign an agreement that they will reimburse the school at the end of the school year for the costs of copying and mailing the documents. These fees can be waived if a non-custodial parent files a notarized statement that they cannot afford to pay them.

If the custodial parent files a court order with the school that specifies the non-custodial parent may not have access to the child’s records or school-related information, disclosure may not be made to the non-custodial parent.

Can a Non-Custodial Parent Be Denied Access to Their Child’s Medical and Educational Records?

Under Maryland law, a parent may not be denied access to a child’s medical records just because they do not have physical custody. Specifically, Md. Ann. Code, Family Law Article § 9-104 states:

Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

A parent does not need to have legal custody of the child to access the child’s medical and educational records. As long as parental rights have not been terminated by court order, the statute generally allows a non-custodial parent to request and view these records. However, if a medical provider has a reasonable belief that a child has been subjected to abuse or neglect by a parent, then the provider may deny that parent access. A non-custodial parent may also need to present the provider or school with a copy of the current court order to show their parental rights remain intact.

What Can You Do If You’ve Been Denied Access to Your Child’s Records?

If you’ve been denied access to your child’s medical records or school-related information, there are some crucial steps you can take. First, ensure the healthcare provider or educational institution has a copy of the court order currently in place. If there is no protective order or court order that restricts your rights, the entity must provide the records. Ensure each request is in writing and you document every time it has been denied.

In a situation where a custodial parent interferes with access to your child’s medical or school-related information, when the issue cannot be resolved, it may be necessary to file an enforcement motion in court. However, mediation can often offer a more cost-effective and efficient method of resolving custody-related disputes in a timely manner and without resorting to litigation. Another viable solution may be the use a co-parenting app with a feature that allows medical and academic information to be stored and shared easily, with access to both parents and without the need to communicate directly.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you are facing an issue related to child custody or have questions regarding a non-custodial parent’s rights and access to school and medical records, it’s essential to have a compassionate and knowledgeable family law attorney who can best advise you and advocate for your rights. At the Law Office of Shelly M. Ingram, we are committed to working tirelessly on behalf of our clients and help ensure the best interests of their children are met. Our Maryland family lawyers are trained in collaborative divorce, mediation, and litigation strategies and are dedicated to helping our clients resolve parenting and custody disputes amicably whenever possible. Contact us today or call (301) 658-7354 to talk to a divorce attorney about your case or schedule a mediation.