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Children's Medical and School Records and Non custodial Parents' Rights in S.C.

Very often, my clients who do not have custody of ther children complain to me that they cannot get their child's medical records or school records because the custodial parent has given instructions to the doctor and school not to release information to the non-custodial parent. Under South Carolina Law, the custodial parent does not have the right or authority to make this request. Both parents have equal access to their child's records. Below is the South Carolina statute that gives both parents these rights. If your child's ddoctor or school refuses access to your child's medical records, print this guide and take it to the doctor or school.

S.C. Code Section20-7-100. Rights and duties of parents in regard to their minor children.

The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.

Additional resources provided by the author

For a free Guide to SC Divorce Law, visit my website stoddardattorney.com

To view the actual code section go to http://www.scstatehouse.gov/code/t63c005.php

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