Medical Records and the Divorced Parent

Q. Do both divorced parents have a right to access the information in their minor child’s chart?

A. Both parents have the right to access the child’s medical records unless specifically limited by the court granting the divorce.

According to Texas Family Code Section 153.131, unless the court finds it would not be in the best interests of the child, “both parents shall be appointed as joint managing conservators of the child” (i.e., have 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 access medical records (or to consent to invasive procedures) or only one may have that right. Ask to see a copy of the court order when in doubt.

 

Content reviewed: 3/13/2007

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