Compassionate Family Law And Divorce Guidance

Do I have a right to see my child’s records?

Florida law expressly notes that you, as parent of the child, have the same rights as the child’s other parent to access your child’s records from many sources. This right extends to both parents unless a court has specifically taken that right away.

Section 61.13(c)3 of the Florida statutes prescribe this right. 61.13 is a comprehensive statute that governs child support, parenting issues and time-sharing of the parents, as well as the powers of the court.

Medical and dental records The particular section applicable to your issue applies to medical records and dental records. Such records are very important for you to have to safely and properly make decisions that could affect your child’s health. This knowledge is relevant both when you are in possession of your child and making day to day decisions, and when you are not but may need to make bigger decisions of a larger scope.

School records

Similarly, you have a right to your child’s school records as well. Again, having access to those records is critical to ensuring you make proper, well-informed educational decisions for your child’s welfare in a timely manner. Being well-informed may also be important to making appropriate recreational plans and decisions for your child.

Same type of access to information

Not only do you have a right to access of the records, you also have the right to the same kind of access that the other parent has. For instance, if the other parent has a right have records of a relevant entity faxed to him or her, the record holding entity has an obligation to allow you to have those records by fax as well. The entity, be it school or medical provider, cannot demand that you make a personal trip to that office to review that record if it does not demand that form the other parent.

It also may not insist that it will only mail those records to you, while allowing the other parent to receive them by email. Significantly, the entity must allow you in-person communications with it if it engages in such verbal, in-person interactions with the other parent.

This information is only intended to educate and should not be interpreted as legal advice.



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