When parents have a custody arrangement, such as after a divorce, they may still have questions, and even conflicts, over each other's access to records and other information about their child. Misunderstandings or crossing boundaries can easily lead to conflict. It all gets in the way of successful parenting and staying focused on the child.

The answers on rights and access are found in federal and state laws, court custody orders, or parenting agreements. Knowing and understanding your rights and your limits can help both parents succeed in post-divorce parenting.

Your Right to Information and Custody Status

Looking at your custody arrangement is a good place to start. The two main kinds of custody are sole and joint. Sole custody gives one parent physical care of a child and the legal power to make decisions about important child-rearing issues. The other parent has visitation rights. Joint custody, with both parents having some level of authority and responsibility for their children, is the most common custody form. Many states require joint custody as a starting point in a custody case.

Typically, there's also a difference between legal and physical custody. Legal custody is the power to make decisions about the child's life. Physical custody refers to the time spent in each parent's care.

Many states addressed information access laws as a part of custody law reform and moving to joint custody as the norm. A federal law, the Family Education Rights and Privacy Act of 1974 (FERPA), requires schools receiving federal funding to allow parents access to their children's school records. State laws can clarify and expand non-custodial parents' rights.

California's law is a common example. It provides that a non-custodial parent can't be denied access to records and information about a minor child based on custody status alone. The law covers medical, dental and school records.

Some states allow for "non-access" orders. This limits disclosure of the child's information. A court will issue this order only for "good cause," such as a domestic violence threat. The order can apply to basic facts, such as a child's address, if needed.

However, the default position is that absent a law or court order to the contrary, a school or health care provider can presume that a parent is entitled to a child's information and records.

What Does Your Custody or Parenting Agreement Say?

State laws usually require detailed parenting plans or agreements. Many states also encourage parents to agree on a parenting plan, adding flexibility to your options. Covering the issue of information sharing and access at the outset allows you to avoid conflict and increase the chances that your plan will work.

Assigning decision-making authority for child-rearing issues varies. It can depend on the custody arrangement. With sole custody, the custodial parent generally has sole power to make decisions about the child's life. Joint custody presents more options. Parents might agree to consult and cooperate in making mutual decisions for their child. However, recognizing that conflicts will come up, one parent, perhaps the one with whom the child spends the most time, will be given "tie breaker" authority, or the last word.

Parents may agree to meet at set times to share information and make plans and decisions for their child. Think about providing details in your custody plan on sharing and accessing these types of information:

  • Health records
  • School records and grade reports
  • Activities, including private sports, music or arts programs, particularly if one parent pays for the activities
  • Religious training
  • Child's development and other needs

Though the law may provide that custody isn't a issue in accessing information on one's child, addressing the subject in a custody arrangement is still worthwhile. By doing so, parents recognize that both will have rights and access to information, and set themselves up for successful co-parenting after divorce.

Questions for Your Attorney

  • I have sole legal and physical custody, so what notices should I give to sources such as my child's school and doctor on records access?
  • I'm divorced and I carry my child's health insurance. Does my ex-spouse have rights to access insurance claims and account information?
  • If my child receives financial aid for school, can my ex-spouse access all related financial information?