Parent can’t get child’s records

Long story short, mother does not have custody of her children, but has them every weekend from Friday to Monday. Only temporary orders now in place (very brief, 2-page order, ordering report from guardian ad litem before determining custody). Mother pays for health insurance, and child’s therapy bills are denied coverage for lacking appropriate ICD-10 codes. Guardian takes child to therapy; mother has only been one time because it’s usually on a Tuesday. Mother calls therapist and requests updated billing with appropriate codes. Therapist refuses to give mother ANY information on child (age 4) because mother is not on the chart and requests guardian to authorize release of information. Guardian does not think it’s necessary to sign authorization because guardian is the person to take the child to the appointments. Guardian has also taken mother off of MyChart for the children; mother called MyChart and was directed to go into the hospital (or anywhere with a supervisor) to get access to medical records. She did, and no one was able to give her access or printouts of children’s medical records. What legally can mother do to access her children’s medical records? Mother was told by mediator that it looks bad that she doesn’t attend doctors’ visits and therapy, but she can’t get any information about when they are. Edit: for clarification, the guardian is currently father’s mother. The guardian ad litem is an attorney appointed for the kids.

Custody order should state whether mom has shared legal custody of the child. If mother does have shared legal custody, then take a copy of the order to the therapist, give it to them to show she has the right to access medical records, and then the therapist should comply with the request.

If the custody order specifies shared legal custody, that typically grants the right to access medical records. If not, she may need to seek legal advice to clarify her rights regarding access to her children’s information.

She might also consider contacting the guardian ad litem directly to express her concerns and seek assistance in accessing the records.

It’s unfortunate that she’s being denied access. If she pays for health insurance, she should have some rights. She might need to consult a lawyer to understand her options better.

In many cases, both parents have rights to access their children’s medical records unless a court order specifies otherwise. If she has no access, it may be worth speaking to a legal professional about enforcing her rights.

She should document all her attempts to access the records and any communication with the therapist and guardian. This will be useful if she needs to take further legal steps.

It’s tough to navigate these situations. Just remind her to stay calm and focused on what’s best for the kids.