Accessing My Child’s Medical Records

Fathers who share child custody with their exes but don’t have physical custody may find that their parental rights are challenged from time to time. Nevertheless, if the father shares what is referred to as legal custody with his ex, he will have the ability to participate in important childcare decisions relating to education, religion and health care.

For example, with regard to health care, the Health Insurance Portability and Accountability Act is a federal law that provides a parent with legal custody the ability to review a child’s medical records; however, there are special limitations under HIPPA.

A parent might not be able to access a child’s medical medicals if:

• The minor consented to the medical care, and the parent’s consent was not required.
• The minor obtained medical care under court discretion, or under the discretion of a court-appointed person who had the right to make medical decisions for the child.
• The parent agreed to giving the health care provider and the child a confidential medical relationship.

Other, rarer, circumstances could also prevent a father from gaining access to a child’s medical records. For example, if a medical provider suspects that the child has been the victim of abuse, neglect or domestic violence, a medical provider could gain the right to refuse the father access to medical records.

Contact a New York Family Lawyer

In some cases, the father with legal custody rights may still be able to access a child’s medical records. If the law requires that parental access be provided given the circumstances, then a court may be willing to grant such access. Everything depends on the unique facts and circumstances of the case. Therefore, fathers who are being denied access to their children’s medical records may find an attorney’s advice helpful as they learn more about their legal rights.

Source: FindLaw, “Father’s Rights to School and Medical Records,” accessed Jan. 05, 2017