Legal Information: Arizona

Custody

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Updated: 
September 19, 2018

Can a parent who does not have legal decision-making responsibilities have access to the child's records?

Usually, yes. Whether or not a noncustodial parent has access to the child's school records, medical records, prescription medication records, court records and police records may depend on what your legal decision-making and parenting time agreement says. If your legal decision-making and parenting time order is silent about this fact, both parents would have access to these types of records regarding the child. In fact, if you do not comply with a reasonable request for these records, you can be ordered to reimburse the requesting parent for court costs and attorney fees that the parent spends to force you to comply with this law and you can be punished by the court as well. compliance with this section.1

The judge could limit the parent's right to these records if s/he determines that access by the noncustodial parent would place the child’s or custodial parent’s physical, mental, moral or emotional health in serious danger.2 If you would like to limit the other parent's access to your child's records, be sure to tell this to the judge. If the judge refuses to deny access, and you are living in a confidential address, you might want to take steps to try to keep your address confidential such as asking your child’s doctors, schools, etc. if you can give a P.O. box instead of your actual address.

1 A.R.S. § 25-403.06(A),(B),(D)
2 A.R.S. § 25-408(K)