Legal Information: Massachusetts


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October 24, 2018

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

Generally, the non-custodial parent (the parent without custody) 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, if the parent with custody has any type of restraining order against the non-custodial parent or if revealing the present or prior address of you or the child is necessary to ensure the health, safety or welfare of you or the child, the court can order that the address on the records be kept confidential from the non-custodial parent.1 If this 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.A. 208 § 31