Legal Information: North Carolina


April 23, 2021

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

In North Carolina, unless there is a court order stating otherwise, both parents have a right to access the child’s education and health records.  Even if one parent has sole custody, unless the court order specifically prohibits the non-custodial parent from accessing the records, the non-custodial parent has a right to access those records.1  Therefore, if you believe that you or your child might be in danger if the abuser can see your child’s records (if, for example, your confidential address is listed in those records), you may want to ask the judge for an order stating that the abuser cannot have access to the records.  For advice on when this type of order is usually granted, you may want to talk to a lawyer.  You can find free and paid legal referrals on our NC Finding a Lawyer page.

1 NCGS § 50-13.2(b)

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