When people are getting divorced in West Virginia, sometimes they wonder whether they can have access to their child’s medical records? Some maybe even think that they can have access to their former spouse’s medical records after the divorce. When it comes to their former spouse’s medical records, the answer is no. However, when the children’s medical records are involved, that’s a totally different matter. Usually, what happens is when it comes to any kind of medical records, the medical records are going to be accessible to both people.
One will oftentimes find that it’s standard language in the order that both people are going to have equal access to any kind of medical records. When it comes to actual medical records involving their children, the general rule is that both people are going to have access to those records. One example where one may need their child’s medical records would be at the pediatrician’s office. If one was denied access, then one can have their court order in hand and for the most part it should state that one has a right to access those records. However, there are some instances where perhaps under some limited circumstances a parent may not have access to the children’s medical records. In some states, sometimes it’s not a given that one will have access to the records.
In West Virginia though, the general rule of thumb is that both people are going to have access because in West Virginia, it’s what is called a shared parenting state. This simply means in terms of major decisions, access to records, that sort of thing, unless there’s a very compelling reason, both parents are going to have access to that. When they say shared parenting that doesn’t necessarily mean that one parent is going to get an equal amount of time with the children. Sometimes one will have an equal amount of time and other times one won’t, but regardless of whether one has any amount of time at all, the general rule of thumb and it should be specifically stated in the order is that both parents are going to have access to their children’s medical records. This is an important thing to know.
