Protecting fathers’ rights to access child records.
Hi, I’m Tulsa divorce attorney Clint Hastings with Wirth Law Office in Tulsa, Oklahoma, where I focus my practice on fathers’ rights. This is part two of a series discussing what records—medical, school, or otherwise—you’re entitled to as a non-custodial parent. Specifically, this video answers the question: What can you do if you’re being wrongfully blocked from accessing your child’s records?
Steps to Take if You’re Being Denied Access
Let’s say you call the doctor’s office or show up in person to request your child’s records, and they tell you that the child’s mother has instructed them not to give you access. Here’s what to do: Politely inform them of your rights under Oklahoma Statute 43 O.S. § 109.6, which grants both parents access to these records unless a court order says otherwise. If they’re unsure, bring a copy of the statute with you. In many cases, that’s enough to resolve the issue. If they still refuse to comply, it’s time to get an attorney involved. We’ll send a notice explaining the law and warning of legal action. If that doesn’t work, we can file a motion with the court to enforce your rights and obtain a court order requiring the provider or institution to release the records.
Resolution Through Legal Pressure
Most of the time, these issues resolve with just a little legal pressure. But if the other parent is intentionally interfering, the court takes that seriously. A judge may consider it negatively in a custody modification or enforcement case. And if there’s already a custody order in place and she continues to block access, you may be able to pursue a contempt action—potentially resulting in penalties or attorney’s fees.
Contact Us for Help
If you’re in this situation and need help asserting your rights as a father, give me, Tulsa Dads.Law attorney Clint Hastings, a call at 918-962-0900. We’re here to help.
