If you’re a non-custodial parent, you may fear that after divorce your former spouse will try to shut out of your child’s medical decisions. You may worry the other parent won’t tell you about doctor visits, diagnoses, or treatment decisions—and you’re left feeling powerless. The good news is that in Georgia, being the “non-custodial” parent does not in any way affect your medical rights to your child, especially when you share legal custody.

At Oxendine Law, we help parents across Georgia understand and protect their rights so they can stay actively involved in their children’s healthcare—during and after divorce.

What Does “Non-Custodial” Really Mean for Medical Rights?

Many parents confuse physical custody with legal custody.

• Physical custody refers to where the child primarily lives day-to-day.
• Legal custody is the right to access information and make major decisions about the child’s life, including medical care and records.

In Georgia, virtually all parents share joint legal custody, even when one parent is designated as the “non-custodial” or secondary physical custodian. That means a non-custodial parent still has:

• The right to participate in major medical decisions
• The right to access medical records and information
• The right to be informed about their child’s health issues

Your label as “non-custodial” does not mean you lose your voice in your child’s healthcare.

Non-Custodial Parent Medical Rights: Access to Records

One of the questions we’re asked most often is:

“Can I access my child’s medical records if I’m not the custodial parent?”

The answer is yes—you have the right to access:

• Medical and hospital records
• Information from pediatricians and specialists
• Mental health or therapy records (with certain limitations)
• Insurance and billing information related to your child

Healthcare providers are generally expected to give both legal custodians the same access to records, unless a court order specifically restricts one parent.

Red flag:
If a provider refuses to share information with you, or the other parent instructs them not to, it may be time to:

• Review your custody order and parenting plan
• Show the provider your order if it confirms joint legal custody
• Consult a family law attorney if your rights are being blocked

Who Makes Medical Decisions After Divorce?

In Georgia, one parent is awarded final decision-making authority for four major issues:

• Non-emergency medical care
• Educational decisions
• Religious upbringing
• Extracurricular activities

However, that does not allow that parent to act unilaterally. When you share joint legal custody, both parents are still required to:

• Consult and confer in good faith
• Consider each other’s opinions and attempt to reach mutual decisions

If you’re a non-custodial parent with joint legal custody, you should still:

• Be notified of serious illnesses, surgeries, and major treatment decisions
• Have a say in elective or ongoing treatment plans
• Be included in conversations with doctors when appropriate

If the other parent consistently excludes you, that may be grounds to seek enforcement or modification of your order.

Common Problems Non-Custodial Parents Face

Non-custodial parent medical rights are often challenged in ways such as:

• Not being told about appointments
• Finding out about diagnoses after the fact
• Being left off medical forms
• Providers refusing communication due to custody misunderstandings
• Medical decisions used as a control tactic

These situations can harm both your relationship with your child and their continuity of care.

Talk to Oxendine Law About Your Medical Parenting Rights

Your relationship with your child doesn’t end when the marriage does—and neither should your voice in their healthcare. If you’re unsure about your rights or feel excluded, it’s time to get clarity.