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Legal Information: New York


November 9, 2020

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

Maybe. Whether or not a noncustodial parent has access to his/her child’s school and medical records depends on what the custody order says. If you would like to limit the other parent’s access to your child’s records in order to keep your address confidential, it is important that you tell the judge this.

However, even if the noncustodial parent’s right to access records is limited by a court order, it could still be possible for him/her to access certain records under the Freedom of Information Law.1 If you are moving and want to keep your address confidential, you might want to talk to a domestic violence advocate before you move. S/he may be able to help you think through ways in which you can protect the confidentiality of your new address. To find a domestic violence advocate near you, check out the NY Advocates and Shelters page.

1 For more information, see How to request records from OCFS under FOIL on the NYS Office of Children and Family Services website