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

Medical Records - Parent's rights to children's records concept

The line between parental rights and legal custody can sometimes be hard to see. Often custodial parents, school administrators, and even doctors can misunderstand a non-custodial parent’s rights to their children’s medical records. Find out what information you are entitled to receive, and how to approach professionals who don’t know how the law works.

Legal Custody and Medical Decisions: Who Gets to Choose?

Most divorce and custody cases result in a joint legal custody award. Judges generally assume that, as long as parents can get along and make decisions in the best interests of their children, both should have a say in those decisions. Legal custody applies to important decisions including a child’s health and education.

They don’t generally apply to day-to-day decisions like what to eat for breakfast or what time to take a nap or go to bed. However, larger decisions such as orthodontics, elective surgery, and mental health diagnosis and treatment generally require parents with joint legal custody to cooperate and agree, or go to mediation or go back to court for help resolving their disputes.

If parents show a pattern of being unable to cooperate, or if there are concerns about one parent’s ability to make decisions in the best interest of the children, your judge may grant one parent sole legal custody, making them the parent who gets to make all those important decisions, but even then, the non-custodial parent can bring a custodial parent’s decision to the court to try to overrule the custodial parent’s decision. When one parent has sole legal custody, it can be hard to understand the non-custodial parent’s role, particularly because non-custodial parents have rights to medical records, educational information, and other details about their children.

What are a Non-Custodial Parent’s Rights to Their Children’s Medical Records?

Losing legal custody over your children isn’t the same as having your parental rights terminated. Even if your parenting time is simultaneously suspended, you still have the right to receive information about your children. Michigan’s Child Custody Act says:

“[A] parent shall not be denied access to records or information concerning his or her child [if] the parent is not the child’s custodial parent, unless the parent is prohibited from having access to the records or information by a protective order.”

There are also state and federal laws giving parents access to school and medical records, whether or not they have custody, including the Michigan Medical Records Access Act. However, there are some exceptions, specifically for mental health records after a child turns 14. This allows teens to freely discuss their feelings without worrying their parents will find out what happens in therapy.

Non-Custodial Parents’ Access to Educational Information

Similarly, the Michigan Family Educational Privacy Rights Act gives non-custodial parents rights to their children’s education records, and gives parents the right to direct their children’s educational environment. Here, the final decisions regarding a child’s school enrollment, IEP or 504 services for special education, and tutoring or supplemental education lie with the custodial parent absent a court order ruling otherwise.

Regardless, the non-custodial parent still has the right to receive report cards and event schedules, attend parent-teacher conferences, participate in school events, and even provide their thoughts and opinions about what is best for the child. If at-school interactions are unsafe, such as in domestic violence situations, a judge can order that conferences be held separately, and specify which events each parent can attend. Those restrictions require specific orders, which can include a personal protection order.

What to Do If You are Being Denied Your Parental Rights to Medical and Educational Records

Saying that a non-custodial parent has a right to their children’s records is easy. Sometimes exercising those rights can be difficult, especially if the custodial parent has told a doctor, therapist, or school that they should not talk to the non-custodial parent about their children. Most modern custody orders include language explaining a non-custodial parent’s rights to records and other information, but not all. Other times, professionals may be acting based on the custodial parent’s representation of what the order says, not the text of the order itself. If you are having difficulty accessing records you may need to:

  • Talk to the doctor’s office or school about your parental rights under the law
  • Provide the professionals copies of your custody order
  • Ask your family law attorney to write a letter explaining your rights under the law to information
  • File a motion asking the Judge to enforce your parental rights and ordering the custodial parent to authorize distribution

With medical records and educational information generally accessible through online portals, there is no reason for doctors and schools to resist providing information to both parents. As a non-custodial parent you have the right to updated and timely information about your children, even if you're not the one making the decisions, unless a court ordered otherwise. At NSSSB, our Ann Arbor family law attorneys understand the difference between legal custody and a non-custodial parent’s rights to their children’s medical and education records. We can help you talk to professionals and explain your rights, and can advocate on your behalf with your co-parent, their attorney, or before a family court judge. Click here to schedule a consultation with one of our experienced attorneys.