Co‑parenting isn’t always easy. When relationships are strained, communication breaks down. One parent may refuse to communicate with the other, even when it comes to a child’s health. When one parent withholds medical information from the other parent, it can strain co‑parenting relationships and, more importantly, jeopardise the well‑being of the child. But is it illegal to withhold medical records or information from your child’s other parent?
Texas law recognizes that children benefit when both parents stay informed about their health, education, and welfare, and the law therefore grants parents with custody specific rights (and imposes duties) that protect the flow of information. Let’s explore those rights, the consequences of withholding medical information, and what you can do if you find yourself in this difficult situation.
Parents’ Rights to Medical Information Under Texas Law
When two parents divorce, they are often both named joint managing conservators, regardless of the physical custody arrangements. This means they are both involved in making decisions that affect the child(ren). Often, the child(ren) lives with the custodial parent most of the time and visits the non-custodial parent on a set schedule.
Unless a court order limits them, both the custodial and the non-custodial parent have rights to the medical information of their children. These laws apply at all times. The Texas Family Code §153.073 lists these rights. They include the right:
- To receive information about the child’s health, education, and welfare from the other conservator
- To confer with the other parent before making important decisions about the child’s health, education, or welfare
- To access medical, dental, psychological, and educational records
- To consult with the child’s doctors and to be listed as a person to notify in case of an emergency
- To consent to emergency medical and dental treatment during periods of possession
A conservator (parent) has these rights, no matter who has primary physical custody or who pays the child’s medical expenses (often the non-custodial parent). If the custodial parent is withholding medical information from the other parent or denying access (or vice versa), this is a violation of the Texas Family Code.
A parent does not have to notify the other parent before obtaining the child’s medical records, and they may authorize trusted third parties (e.g., grandparents) to access records without the other parent’s permission. The court will specify any limitations in the custody order, so it is critical to review your order to understand each parent’s rights.
The Legal Duty to Share Information
Texas law doesn’t just grant rights; it also imposes duties. Section 153.076 of the Family Code requires each conservator to inform the other conservator “promptly of significant information concerning the health, education, and welfare of the child.” In practice, this means that if one parent takes the child to the doctor and receives important information about the child, that parent must promptly share this information with the other parent. Failure to do so can be treated as a violation of the court order and, under the law, may even constitute an illegal act (misdemeanor).
HIPAA and Child Custody
The federal Health Insurance Portability and Accountability Act (HIPAA) also plays a role. HIPAA generally considers both parents the child’s “personal representatives,” meaning doctors and hospitals must treat a parent as if they were the patient when disclosing protected health information. A parent‑representative can access records and authorise disclosures.
In abuse, neglect, or endangerment situations, healthcare providers may refuse to treat a parent as a personal representative if doing so could harm the child. Importantly, the HIPAA privacy rule defers to state law regarding parental access, so Texas law ultimately governs whether a parent should receive information.
Consequences for Withholding Medical Information
We’ve already established that it is illegal to withhold medical records from your child’s other parent. When one parent deliberately withholds medical information, the consequences can be serious. The withholding parent may face sanctions for violating the custody order. Courts can hold a party in contempt of court for not complying with an order, which may result in fines or even jail time.
Repeated failure to inform the other parent could also provide grounds for a modification of the custody agreement. Texas courts base custody decisions on the best interest of the child, and cooperation between parents is an important factor. Evidence that one parent is hiding medical treatments or diagnoses can persuade a judge to change who has the authority to make decisions concerning the child’s well-being.
How to Respond When Your Co‑Parent Withholds Information
If your co‑parent refuses to share medical details about your child, consider the following steps:
- Review your court order. Make sure you understand the rights and duties granted to each parent. Texas Family Code Section 153.073 gives both parents ongoing rights to receive information and access records, and §153.076 imposes a duty to share significant information.
- Communicate in writing. Politely remind the other parent of your right to access the child’s medical information and their duty to keep you informed. Written communication provides documentation for the court if problems continue.
- Contact the medical provider. Doctors and hospitals should release records to a parent with legal rights. Under HIPAA, parents have access to their child’s records, but you may need to provide proof of custody. The other parent cannot prevent you from requesting records.
- Seek legal advice. A family‑law attorney can help you interpret your court order and determine whether the other parent’s conduct justifies a motion for enforcement or modification. A lawyer will also help you gather evidence and present your case.
- Document everything. Keep a record of missed appointments, diagnoses, medications, and your attempts to get information. Detailed documentation helps demonstrate a pattern of withholding if you end up in court.
Preventing Future Problems
The best way to avoid information disputes is to plan ahead. When negotiating a parenting plan or custody order, include specific language requiring both parents to:
- Share medical, dental, and mental‑health information promptly.
- Provide copies of treatment records, insurance claims, and prescriptions within a set time frame.
- Notify each other of routine appointments and emergencies as soon as possible.
- Authorize each other to access the child’s medical providers and insurance information.
Parents can also use shared calendars or co‑parenting apps to track appointments and medications. Clear expectations help reduce conflict and protect the child’s health.
FAQs about Your Children’s Medical Records
Do non-custodial parents in Texas have rights to medical records?
Yes, non-custodial parents in Texas generally have the right to access their child’s medical records. Unless a court order specifically restricts this right, both parents are entitled to receive information about their child’s health, education, and welfare.
Can HIPAA prevent me from accessing my child’s health information?
Generally, HIPAA does not prevent you from accessing your child’s health information, as it recognizes parents as the personal representatives of their minor children. However, access may be denied in specific situations, such as when the minor can legally consent to their own medical treatment, a court has limited parental rights, or if a healthcare provider suspects child abuse.
What legal actions can I take if the other parent refuses to share medical information?
If the other parent is violating a court order by refusing to share medical information, you can file a motion for enforcement with the family court. This action requests a judge to order the other parent to comply and can lead to penalties, including being held in contempt of court.
Can withholding medical info affect custody orders in Texas?
Yes, withholding medical information can affect custody orders in Texas because a court may view it as a failure to act in the child’s best interest. This behavior can be considered a material and substantial change in circumstances, which could justify a modification of the custody arrangement.
Protecting Your Child’s Health and Well‑Being
Texas law recognizes that children are healthiest when both parents are involved and informed. The Family Code ensures that each conservator has the right to receive information and the duty to share it. Federal privacy rules generally support these rights by treating parents as personal representatives. When a parent ignores these obligations, courts can intervene to protect the child’s best interests.
If your co‑parent is withholding medical information or you’re unsure of your rights, Mims Ballew Hollingsworth can help. Our Fort Worth and Southlake child custody attorneys have more than 100 years of combined experience guiding parents through custody disputes. Contact us today to schedule a consultation and ensure your child’s health and your parental rights are protected.
