When the parents of a minor child get divorced in Tennessee, the child typically lives with one parent most of the time post-divorce. This parent is referred to as the Primary Residential Parent (PRP) while the other parent is known as the Alternative Residential Parent (ARP). Although the PRP may make most day-to-day decisions regarding the child, Tennessee law recognizes that it is vital for both parents to maintain a meaningful
relationship with the child following a divorce. Therefore, as an ARP, you have several important rights that protect both your role in your child’s life and the child’s well-being. To help ensure that you understand your rights, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby discusses the rights of a noncustodial parent in Tennessee.
Tennessee Divorce Basics
During the divorce process, a Parenting Plan must be developed and approved by the court. The Parenting Plan will include important information related to the minor child(ren), such as establishing a parenting time schedule, deciding who will make major decisions about the child(ren), the amount of child support, and how disputes over child-related issues will be settled post-divorce. Usually, the designations of Primary Residential Parent and Alternative Residential Parent are also established within the Parenting Plan. Ideally, the parents are able to agree to the terms of the Parenting Plan; however, the court will establish the terms if the parents cannot reach an agreement.
Tennessee Law and the Rights of an Alternative Residential Parent
Tennessee law recognizes the importance of both parents remaining active in the life of a child post-divorce. As such, the law endows the ARP (noncustodial parent) with certain rights and responsibilities under Tennessee Code Annotated Section 36-6-101, including:
- The right to unimpeded telephone or vide conversations with the child at least twice a week at reasonable times and for reasonable durations.
- The right to send mail to the child which the other parent shall not destroy, deface, open or censor. The parent exercising parenting time shall deliver all letters, packages and other material sent to the child by the other parent as soon as received.
- The right to receive notice and relevant information as soon as practicable but within 24 hours of any hospitalization, major illness or injury, or death of the child.
- The right to receive contact information for the child’s school and to receive educational records directly from the child’s school.
- The right to receive contact information for the child’s healthcare providers and copies of the child’s medical, health or other treatment records directly from the treating physician or healthcare provider.
- The right to be free of unwarranted derogatory remarks made about such parent or such parent’s family by the other parent to or in the presence of the child.
- The right to be given at least 48 hours’ notice, whenever possible, of all extracurricular school, athletic, church activities and other activities as to which parental participation or observation would be appropriate, and the opportunity to participate in or observe them.
- The right to receive an itinerary from the other parent if the other parent leaves the state with the minor child or children for more than 48 hours
- The right to access and participation in the child’s education on the same basis that are provided to all parents including the reasonable right of access to the child during lunch and other school activities.
Are There Exceptions or Limitations to My Parental Rights?
Although the rights of a noncustodial parent are recognized by the laws of Tennessee, a court does have the right to modify or limit these rights if the court believes that doing so is in the best interest of the child(ren). Typically, the rights that a noncustodial parent has are included within the terms of the Parenting Agreement filed with the court. If you are unsure what rights you have regarding your children, consult with an experienced divorce attorney right away.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about the rights and responsibilities you have as a noncustodial parent in Tennessee, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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