Legal Question in Family Law in Virginia
Access to childs school
My sons mother has sole physical and legal custody of our child. I have been told by his teacher at school that she can not speak with me regarding my childs education without written permission from his mother. Is this true? We are currently in court for joint legal custody of this child.
1 Answer from Attorneys
Re: Access to childs school
You may wish to point out to the teacher this provision of the Virginia Code:
� 20-124.6. Access to minor's records. �
A. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic or health records of that parent's minor child unless otherwise ordered by the court for good cause shown or pursuant to subsection B.
B. In the case of health records, access may also be denied if the minor's treating physician or the minor's treating clinical psychologist has made a part of the minor's record a written statement that, in the exercise of his professional judgment, the furnishing to or review by the requesting parent of such health records would be reasonably likely to cause substantial harm to the minor or another person. If a health care entity denies a parental request for access to, or copies of, a minor's health record, the health care entity denying the request shall comply with the provisions of subsection F of � 32.1-127.1:03. The minor or his parent, either or both, shall have the right to have the denial reviewed as specified in subsection F of � 32.1-127.1:03 to determine whether to make the minor's health record available to the requesting parent.
C. For the purposes of this section, the meaning of the term "health record" or the plural thereof and the term "health care entity" shall be as defined in subsection B of � 32.1-127.1:03. (1994, c. 769; 2000, c. 485; 2005, cc. 181, 227.)
Virginia Code � 20-124.6