Parental Access to Records Is Afforded to Legal Parents or Guardians
Parents are concerned about their children’s physical and mental well-being and how their children are performing in school. While most parents go to school conferences and open houses, divorced parents may not always attend these events each time they are offered. In some cases, after divorce one parent may not have as much information as they feel they should. Generally, both parents are entitled to their child’s information. In Arizona, as in other states, parental access to records is provided to legal parents or guardians.
Both parents should stay involved and informed when it comes to their children. Unless there is a court order prohibiting it, both parents are allowed by law to have access to their children’s records pursuant to A.R.S. § 25-403.06. This includes records that deal with the child’s education, health and well-being. Some of the records that parents are entitled to include:
A parent is allowed to obtain these records through a reasonable request. If a parent or third-party (such as a school or pharmacy) withholds information that has been requested reasonably, he or she may be subject to penalties. If the parent or third-party does not allow access to records, even after a reasonable request, the other parent may take legal action to obtain them. A parent or third-party who is improperly withholding the information may be required to pay court costs and legal fees to the other parent.
A parent must make a request for information. This can be done verbally, although it is usually best to make the request in writing. The request does not require legal support. However, in cases where there has already been a problem obtaining information it may be necessary to consult a divorce attorney to ensure that the proper request is being made. Parents are allowed to request information directly from schools, doctors, and the police. If a parent attempts to block access it could result in legal sanctions against him or her.
Some situations may necessitate the help of an experienced family law attorney. If you are having trouble getting records from your former spouse, don’t take matters into your own hands. Get legal help from an attorney who will protect your rights. A simple letter may be all it takes to resolve the problems. Your lawyer will also advise you about your options for obtaining records directly from the sources. If you need legal help in resolving a difficult post-divorce situation, contact the skilled legal team at Udall Shumway PLC to discuss your situation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Parental Access to Records, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.