Access to Children’s Records in Colorado Custody Cases
The right to raise one’s children is a fundamental Constitutional right, and included with this fundamental right is the right to access information concerning one’s children.
Pursuant to C.R.S. 14-10-123.8
Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.
Common types of records include: family counseling, individual therapy, vaccination records, general medical records, daycare attendance, school records including grades and discipline history.
The right of a parent to access their child’s information is independent of how decision making is allocated. Just because one parent may have sole decision making that does not mean the other parent is prohibited from accessing the child’s records.
A parents right’s to access information concerning their child is not absolute as some laws provide even children with confidentiality, most commonly health records as the child ages. Additionally, a court may restrict a parent’s access to information regarding the child when circumstances warrant such a restriction, and any order shall explicitly state what records the parent may not have access to.