Legal Question in Civil Litigation in Illinois
Daycare facility giving out information on my daughter without my consent to oth
I am divorced with one child. I have full custody of her. She had been enrolled in a all day Childcare facility that I had solely enrolled her in myself and her father was not ever allowed to pick her up. I have taken her out of that day care facility because I am a housewife now. I had learned in a recent court appearance for child support hearing that he had aquired information about my daughter not attending that childcare facility any longer and he had copies of papers stating the last day that she was there and things. Is it legal for that facility to be giving out information like that without my consent?
1 Answer from Attorneys
Re: Daycare facility giving out information on my daughter without my consent to
Illinois law (750 ILCS 5/602.1) provides that �Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.� Although the foregoing provision is found in the statute concerning joint custody, the provision itself does not state that it only applies in joint custody situations.
Even if the above provision did not exist, your ex would be entitled to obtain this information by subpoena in any proceeding concerning the child, including custody or child support proceedings.
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