questions & answers

Question: What parental rights do I have as a non-custodial parent. The custodial parent refuses to inform of medical conditions, medical and dental visits, school functions (states I am forbidden to attend), parent-teacher conferences, open house at school, basically he believes I am not permitted to have any form of contact outside my ordered visitation time - Saturdays 7am - 6pm?

Answer:

Unless language in your divorce decree says otherwise, your status as the non-custodial parent does not deprive you of the right to know how your child is doing! Arizona law is quite clear about that. Under A.R.S. § 25-403.06   you are entitled to have access "to documents and other information concerning the child's education and physical, mental, moral and emotional health[,] including medical, school, police, court and other records directly from the custodian of records or from the other parent." In particular, you should note that last phrase "... from the other parent", because it creates a duty on both parents to share information about their children. This statute exists, in part, to prevent the very scenario that has occurred here.

Even when a parent does not exercise legal custody, public policy encourages a relationship between that parent and his/her child. See, for example, A.R.S. § 25-408(A) which expressly contemplates liberal parenting time between a non-custodial parent and the minor. You might want to consider sending your ex-spouse a letter, by certified mail, (politely) protesting the lack of information, and (just as politely) reminding him/her of the state law requiring shared information. If the difficulty persists, you should contact an attorney and consider more formal action.