In a matter involving custody, one big issue parents often face are records regarding the children- medical/health records are just one (1) common example. But who all has access to these records? In short, it depends.
Generally, both the custodial and non-custodial parents are entitled to access to the children’s health records. Both parents are equally able to call up a provider and request records. If there is a protective order or other limitation on one parent, these records may not be accessible. But under Indiana law1, both parents are generally entitled to their children’s health records.
There are limitations to information which is accessible. Mental health records are treated differently, and may not be released to one or both parents. Also, records regarding communicable diseases and alcohol and drug abuse are treated differently. Requesting access to these records may create the need for further information or hearings.
Additionally, parents requesting medical records for their children generally must sign a release as the parent or guardian acting on behalf of the minor child to release and review records. A health provider’s office often has these forms available.
Co-parenting often involves being aware of health issues and treatment of children, and Indiana law generally allows for both parents to have access to records regarding same. We hope that this blog post has been helpful in exploring access to children’s medical records generally. This blog is not intended as legal advice. Ciyou & Dixon, P.C. practices throughout the state of Indiana. This blog was written by attorney, Jessica Keyes.