Do both divorced parents have a right to review the information in their minor childs medical records?
Unless the court finds it would not be in the best interest of the child, “both parents shall be appointed as joint managing conservators of the child.” (Texas Family Code Section 153.131) Joint managing conservator is the modern term for “joint custody.” The court granting the divorce may allocate the rights and duties of the joint managing conservators. Thus, both may have the right to consent to invasive procedures, or only one may have that right. Ask to see a copy of the court order when in doubt. Both joint managing conservators have the right to access the child’s medical records unless specifically limited by the court granting the divorce. Unless limited by a court order, both the possessory conservator (custodial parent) and the managing conservator (noncustodial parent), have the following rights at all times: • right of access to medical, dental, psychological, and educational records; • the right to consult with a physician, dentist, or psychologist of the child; and • the
Related Questions
- Many of our minor patients have parents who are divorced. If the parent who does not have custody of the child requests the childs medical records, may I release them?
- Does the HIPAA privacy rule give parents the right to see or amend the medical records of a child legally considered a young adult?
- Who can access a minor childs medical records when the parents are divorced or separated?
