Your Right to Access
Non-custodial parents have valuable rights. Even without custody, a parent has a right to access important records, such as medical records, if it is in the child’s best interests. In most cases, it is. Even non-custodial parents need to know about their child’s state of health to best care for and spend time with him or her. This is particularly important if your child has allergies, takes medication, or has a serious medical condition. Having access to this information can help you make the best decisions during an emergency.
Your Rights as a Non-Custodial Parent
The custodial parent does not have the authority to restrict the non-custodial parent’s access to vital records. Nevertheless, this is a common barrier non-custodial parents face. Some people don’t fully understand what rights custody gives a parent and assume a parent without custody doesn’t have any parental rights. The court does have the authority, however, to limit a non-custodial parent’s access to a child’s medical records if it is in the child’s best interests. The court might do this if the non-custodial parent tries to use the child’s records to harm the child or be of detriment to the custodial parent in some way.
Exercising Your Rights
If you want to access your child’s medical records but the custodial parent will not provide them, you can ask your child’s care providers directly. You may have to demonstrate that you are the parent and the court hasn’t restricted your access. Provide a copy of your child’s birth certificate, the custody order, and parenting plan, and ask that the records be given to you directly. This, of course, is assuming you know who your child’s care providers are. If the custodial parent withholds this information from you, you can petition the court to enforce your right to know who your child’s healthcare providers are.
Taking any such matter to court can be difficult. The process will be easier with the help of an experienced New Jersey child custody attorney. A child custody attorney can help you get custody of your child, but he or she can also help you fully exercise all your rights as a non-custodial parent. An attorney can review your custody order and parenting plan, advise you of your specific rights, and be your advocate in the face of adversity.
Do you have questions about your rights as a parent? If so, the Williams Law Group, LLC is here to help. Our skilled attorneys can advise you of your rights and help you get access to the information you deserve. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.