Can a Parent With Sole Custody Limit Access to a Child’s Medical Records in Arizona
Some people ask can a parent with sole custody limit a parent’s access to a child’s medical records in Arizona. Arizona Revised Statute section 25-403.06 provides that both parents are entitled to their child’s medical records directly from the custodian of those records.
Arizona Revised Statute Section 25-403.06 specifically provides as follows:
A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child’s education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.
B. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this section.
C. A parent with joint legal custody shall not designate one pharmacy in a single location as the only source of the child’s prescription medication without agreement of the other parent.
D. A parent who attempts to restrict the release of documents or information by the custodian or attempts to withhold prescription medication without a prior court order is subject to appropriate legal sanctions.
The custodian of those records could be the doctor themselves or if the other parent has a copy of those records, the other parent who has copies of those records.
So, both parents are entitled by statute to obtain copies of their child’s medical and educational records in Arizona directly from the custodian of those records without the permission or authorization of the other parent regardless whether the parents share joint legal decision making or one parent has sole legal decision making over the child.
There are, however, some exceptions to this general rule, such as when a medical provider believes the release of the child’s medical records to a parent may place that child in danger of harm by the parent requesting the records, which may occur if a parent is abusing his or her child.
That, however, does not mean that a parent with sole custody gets to make the decision to restrict the other parent from obtaining his or her child’s medical records. Instead, only a medical provider who believes releasing a child’s medical records to a parent may, by law, withhold those records from a parent.
If a medical care provider refuses to provide a child’s medical records to a parent, that parent may file a petition to obtain a court order requiring the medical provider to release the records. However, if the court determines that the release of those records to a parent may harm a child the court will deny such a motion.
If you have questions about access to a child’s medical records in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child custody or family law case around today.
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Chris Hildebrand wrote the information on this page about a parent’s access to a child’s medical records in Arizona to ensure everyone has access to information about child custody laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a child custody case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.