Preserving the parent-child relationship in separated families!

 

Frequently Asked Questions

 

Does a medical physician have to release patient information regarding a child, to the parents of that child?

If you have joint legal custody then the answer is yes.   Please see the statute below:

  653 Iowa Administrative Code 13.7(7) Transfer of medical records.  A physician must provide a copy of all medical records generated by the physician in a timely manner to the patient or another physician designated by the patient, upon written request when legally requested to do so by the subject patient or by a legally designated representative of the subject patient, except as otherwise required or permitted by law.

If you are having difficulty receiving this information, I suggesting writing a letter (certified) and request the medical records within 14 days. Include a copy of your stipulation stating you have Joint Legal Custody and cross reference 653 Iowa Administrative Code 13.7(7).  Copy and document everything. If they do not comply, file a complaint with the Iowa Board of Medical Examiners and they will investigate and if necessary, revoke their license to practice medicine.

  

 

Can a school district legally deny a parent access to their children's school records?  Unless your Divorce Decree specifically excludes you from access to your child's school records, You have the right to access them. The provisions in Federal Educational Rights and Privacy Act of 1974 (FERPA) apply to ALL schools that receive Federal funding of any kind (see below):


  Section 99.4: What are the rights of parents? "An educational agency or institution shall give full rights under the Act to either parent unless the agency or institution has been provided with evidence that there is a court order, state Statute, or legally binding document relating to such matters as divorce, separation, or custody, that specifically revokes these rights."  

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