Being a non-custodial parent comes with unique challenges. Aside from the limited time spent with your child, you also struggle to build a connection with them. While these are present, understand that you have a fundamental right to stay informed about your child’s life. Virginia law strongly encourages you to exercise this right.
What the law says about your right to access
Under Virginia law, both parents have a right to see their child’s records, even if they do not have custody. This means that schools, doctors and daycare providers cannot hide or refuse your request to access your child’s academic, health or childcare records. Moreover, this right applies to online portals and secure websites that store sensitive data.
Exceptions you need to consider
While Virginia supports non-custodial parents, the law includes exceptions that invalidate your right of access. If a judge has explicitly ruled that you cannot have access for good cause, this court order blocks your right.
Even without a court order, a medical professional can block a parent from accessing a child’s health records. The healthcare provider must have a written statement in the child’s file, declaring that letting you see the records is reasonably likely to cause substantial harm to the child or to someone else.
Protecting your relationship with your child
Despite the medical restriction, you have the statutory right to have that denial reviewed by an independent physician or clinical psychologist. Seeking guidance from a family law attorney can offer insights into Virginia’s process regarding this matter.