California Family Code Section 3025: Non-Custodial Parents' Rights to Access Child Records
Quick Answer: California Family Code § 3025 guarantees that a non-custodial parent cannot be denied access to their child's medical, dental, school, and other records solely because they do not have physical custody. Both parents have equal rights to obtain this information directly from providers and institutions. The only exception is when a court has specifically restricted access based on safety or other compelling concerns.
If you are a non-custodial parent being denied access to your child's records, contact The Geller Firm at (415) 840-0570 for a confidential consultation.
What Is California Family Code Section 3025?
Family Code § 3025 is a statutory protection that ensures both parents, regardless of their custodial status, have equal access to records and information pertaining to their minor child. The statute reflects California's broader policy that both parents should remain meaningfully involved in their child's life after separation or divorce, even when one parent has primary physical custody.
The provision directly addresses one of the most common and frustrating disputes in post-divorce co-parenting: the custodial parent withholding information about the child's health, education, or welfare from the non-custodial parent. Section 3025 makes clear that custody arrangements do not confer on the custodial parent the unilateral right to control the flow of information about the child.
What Records Does Section 3025 Cover?
Section 3025 applies broadly to records and information pertaining to the minor child. The types of records most commonly at issue include:
Medical records. A non-custodial parent has the right to obtain records from the child's physicians, specialists, hospitals, therapists, and other healthcare providers. This includes records of diagnoses, treatments, medications, and upcoming appointments.
Dental records. Dental records, treatment histories, and appointment information are equally accessible to both parents under § 3025.
School records. Academic records, report cards, attendance records, disciplinary records, individualized education programs (IEPs), and other school-related documentation must be made available to the non-custodial parent upon request.
Extracurricular and activity records. Information about the child's participation in sports, arts, community programs, and other activities falls within the spirit of § 3025's equal access framework.
Counseling and therapeutic records. Mental health and counseling records relating to the child are generally accessible to both parents, subject to any specific court orders or therapist determinations about the child's best interest.
The statute's reach is broad by design. The legislature did not intend for § 3025 to be a narrow provision limited to a specific category of records. Any information relevant to the child's health, education, development, and welfare falls within its scope.
How Does a Non-Custodial Parent Obtain Records Under Section 3025?
A non-custodial parent does not need to go through the custodial parent to obtain records protected under § 3025. They may contact the relevant provider or institution directly and request the records. Schools, doctors, dentists, therapists, and other providers are required to provide equal access to both parents unless a court order specifically restricts that access.
In practice, a non-custodial parent seeking records should:
Contact the school, medical office, or other institution directly
Identify themselves as a parent of the minor child and provide their own identifying information
Request the specific records or information needed
If asked, provide a copy of the custody order confirming their parental status, though most institutions will release records to any confirmed parent absent a court order restricting access
If a provider or institution refuses to release records to a non-custodial parent without a court order directing them to do so, the parent should consult a family law attorney about their options, which may include a motion to enforce § 3025 rights.
Can the Custodial Parent Block Access to Records?
No, not without a court order. The custodial parent does not have the unilateral authority to instruct schools, doctors, or other providers to withhold records from the non-custodial parent. A provider who receives such an instruction from a custodial parent is not required to follow it absent a specific court order restricting the non-custodial parent's access.
If the custodial parent attempts to block record access by contacting providers and instructing them to withhold information, the non-custodial parent may bring the issue before the family law court. Such conduct may be viewed as interference with the non-custodial parent's rights and could affect the court's view of the custodial parent's willingness to facilitate the child's relationship with both parents, which is itself a factor in custody determinations under Family Code § 3011.
Are There Any Exceptions to Section 3025?
Yes. The equal access right under § 3025 is subject to court orders that specifically restrict or limit a parent's access to records. A court may impose such restrictions in limited circumstances, including:
Cases involving documented domestic violence where sharing information creates a safety risk
Situations where a parent has a history of using information from records to harass, intimidate, or harm the other parent or the child
Protective orders that limit one parent's contact with or information about the child
These exceptions require a specific court finding and order. They do not arise automatically from the custody arrangement itself. Absent such an order, both parents retain equal access rights under § 3025.
How Does Section 3025 Relate to Legal Custody?
Legal custody refers to the right to make major decisions about the child's upbringing, including decisions about healthcare, education, and religious practice. Joint legal custody means both parents share this decision-making authority. Sole legal custody means one parent has the exclusive right to make these decisions.
Section 3025 operates independently of legal custody. Even a parent with no legal custody retains the right to access records and information about the child under § 3025, unless a court has specifically ordered otherwise. The right to access information is distinct from the right to make decisions. A non-custodial parent without legal custody can still obtain medical records to stay informed about their child's health, even if they do not have the authority to direct the child's medical treatment.
Why Does Section 3025 Matter for Co-Parenting?
Beyond its legal function, § 3025 serves an important practical role in healthy co-parenting. Children benefit when both parents are informed and engaged in their lives. A parent who is kept in the dark about their child's health condition, academic struggles, or therapeutic progress cannot effectively advocate for that child or make informed decisions when called upon to do so.
Section 3025 removes informational gatekeeping as a tool of conflict. When both parents have access to the same records, conversations about the child's needs can be grounded in shared facts rather than filtered through one parent's selective disclosures. This reduces a significant source of post-divorce conflict and supports more effective collaboration between parents on behalf of their child.
Frequently Asked Questions
Can a school refuse to give me records because I am the non-custodial parent? Generally no. Under both California Family Code § 3025 and the federal Family Educational Rights and Privacy Act (FERPA), both parents have the right to access their child's educational records unless a court order specifically restricts that access. You may need to provide the school with a copy of your custody order or other documentation confirming your parental status if the school is unfamiliar with the law.
What if the other parent told the doctor not to speak with me? A custodial parent's instruction to a healthcare provider not to communicate with the non-custodial parent is not legally binding absent a court order. You may contact the provider directly and invoke your rights under § 3025. If the provider still refuses, consult a family law attorney about filing a motion to enforce your rights.
Does Section 3025 give me the right to attend my child's medical appointments? Section 3025 specifically addresses access to records and information. The right to attend appointments may be governed by the specific terms of your custody order. Many custody orders address notification requirements for medical appointments, and some give both parents the right to attend. Review your custody order and consult an attorney if you believe your right to participate in your child's medical care is being blocked.
Can I use records obtained under Section 3025 in a custody modification proceeding? Yes. Records lawfully obtained under § 3025, such as school records showing academic decline or medical records documenting a health issue, may be submitted as evidence in a custody modification proceeding if they are relevant to the child's best interest.
What if the other parent retaliates against me for obtaining records directly? Retaliation for exercising a legal right is itself a concern the court takes seriously. Document any retaliatory conduct and bring it to your attorney's attention. Courts do not look favorably on a custodial parent who attempts to punish the other for lawfully accessing information about their child.
Speak With a California Family Law Attorney
If you are a non-custodial parent being denied access to your child's medical, school, or other records, you have enforceable legal rights under California Family Code § 3025. The Geller Firm represents clients across California in custody disputes, enforcement proceedings, and post-judgment modifications, including cases where one parent is interfering with the other's right to information about their child.
We offer confidential virtual and in-person consultations from our Walnut Creek office.
Call (415) 840-0570 or contact us online to schedule your consultation.