I am a non-custodial parent. I gave up custody of my boys to my ex-wife. I just got a court order for visitation. As a non-custodial parent, can I get access to my children's mental health records?
Answer
Not if you gave up legal as well as physical custody, unless you file a motion with the court to change that.
Answer
family code 3025 may apply to your situation.
Answer
If you have joint legal custody, then you would have a right to access the records. If you do not have joint legal custody you would have to petition the court for access to records. You may also wish to send a written request for a release of records to your former wife.
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