Legal Information: Massachusetts

Custody

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Updated: 
March 29, 2019

Can a parent who does not have custody have access to the child’s records?

Generally, the parent without custody (the non-custodial parent) can have access to the child’s academic, medical, hospital or other health records. Awarding sole legal or physical custody to one parent will not prevent the other parent from accessing the child’s records. However, the judge can order that the address on the child’s records be kept confidential if:

  • you have custody and you have any type of restraining order against the non-custodial parent; or
  • keeping the current or prior address of you or the child private is necessary to ensure the health, safety, or welfare of you or the child.1

If keeping your address confidential is a concern of yours, remember to bring this to the attention of your lawyer or the judge before the court case ends.

1 M.G.L. 208 § 31