Legal Question in Family Law in Virginia

NCP's access to Records

I have sole physical custody of my daughter; her father and I share legal custody. My daughter and I reside in Danville and he, in Richmond. What are his rights pertaining to daycare information? Is he entitled to have access to those records and that contact information? He has asked, but I wanted to ensure I gave him only what he was entitled to have. Thanks.


Asked on 8/17/06, 12:52 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: NCP's access to Records

I don't usually cite the code in these posts, but it's helpful here:

� 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.

Virginia Code � 20-124.6

While that section does not specifically speak to day care providors, it gives you a sense of the Legislature on co-parenting, and I can tell you with certainty most judges will apply that openness to all matters of importance in the co-parenting of a child.

Forget him as an ex but think of him as a co-parent . . . some day you (and your daughter) may need more than just his check.

Read more
Answered on 8/17/06, 2:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia