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Can I access my child’s records if I do not have custody?

Parenting after divorce can prove to be a difficult struggle. If you do not have custody of your child, you may find yourself constantly battling to have sufficient visitation time and receive the rights you feel you deserve as a parent. One area that can prove especially tricky for non-custodial parents is control over health, medical and school records. Even if you do not have custody, situations may arise where you need to access your child’s information. The Virginia State government details what the law says about these incidents.


First, you can breathe a sigh of relief in knowing that the law gives parents the right to have access to all health and academic records, while your child is still a minor. The custodial parent can request a court order preventing this, but you and the custodial child can both deny this restriction and ask the courts to review this aspect of the case at any time.


Despite this guideline, you should also be aware that there are some stipulations that can prevent a parent from accessing their child’s records. If your child is seeing a psychologist or other physician, that medical professional can affect your rights. If he or she determines that your access to the health records of the minor child would likely cause harm, a written statement can be made that denies your review of the records.


Again, if at any time you or the minor child feel this statement is no longer necessary, a request can be made to the court for its dismissal. This information is intended for your education and should not be taken as legal advice.

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124 South Royal Street
Alexandria, VA 22314

Phone: 703-650-0367
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