When a marriage ends and children are involved, navigating custody arrangements can be challenging and highly emotional. In Tennessee, terms like “custodial” and “non-custodial” parent are replaced with “Primary Residential Parent” (PRP) and “Alternative Residential Parent” (ARP).
This shift emphasizes shared responsibilities among both parents and focuses on parenting plans that prioritize the best interests of the affected children.
At Inman, Stadler & Hill, we understand that being an ARP, often referred to as a “non-custodial” parent, can be confusing—especially when it comes to your rights. This blog covers everything you need to know about your rights as an ARP as well as tips for ensuring they’re upheld.
Non-Custodial Parents’ Rights: A Legal Overview
Tennessee law protects the rights of both parents regardless of their residential status. The Parenting Plan Agreement, crafted during or after divorce proceedings, outlines custody schedules, holidays, healthcare, education, and more.
In Tennessee, the ARP has several important rights, including:
- Unimpeded Communication: You have the right to regular, unmonitored telephone conversations with your child.
- Mail Privacy: Any mail you send to your child cannot be opened or censored by the other parent.
- Timely Notifications: You must receive notice of significant events, such as hospitalizations or severe illnesses, within 24 hours.
- Access to Records: You can obtain school and medical records directly from providers. This helps ensure you stay informed about your child’s education and health.
- Activity Involvement: You are entitled to advance notice for extracurricular activities. This allows you to attend or participate in their life as much as possible.
- Out-of-State Travel Itineraries: If the PRP takes your child out of state for more than 48 hours, they must provide an itinerary with contact details to reach them while they’re traveling.
- Freedom from Defamation: Derogatory remarks about you or your family cannot be made in the presence of your child.
These rights underscore the commitment to ensuring both parents remain active participants in their child’s life.
What Non-Custodial Parents Can Do if Rights Are Violated
Even with a parenting plan in place, disagreements can occur. Some PRPs may withhold information, such as school schedules, sports calendars, or medical appointments, out of anger or spite. This behavior violates Tennessee law.
If you face these challenges, you have options, including:
- Document the Violations: Keep a detailed record of any instances where your rights are infringed by other parent.
- Communicate Directly: Attempt to resolve the issue amicably with the other parent while emphasizing your child’s best interests.
- Seek Legal Assistance: If violations persist, consulting a Knoxville family law attorney can help enforce and protect your rights through legal channels.
How Non-Custodial Rights Differ from Termination of Parental Rights
It’s important to distinguish between being a non-custodial parent and losing parental rights entirely. Non-custodial parents maintain legal rights to their child, even if they don’t share the same residence. On the other hand, termination of parental rights—a separate legal process—means the parent no longer has any legal connection to their child, including custody, visitation, or decision-making authority.
Termination of parental rights typically occurs in extreme cases, such as neglect, abuse, or abandonment, or if the parent voluntarily relinquishes their rights. Non-custodial parents, by contrast, are integral to their child’s upbringing and are protected by laws designed to ensure they remain informed and involved.
How to Maximize Your Role as a Non-Custodial Parent
While being an ARP may come with limitations, it also offers opportunities to build a strong, meaningful relationship with your child. Here’s how to make the most of your role as an ARP:
- Stay Engaged: Attend school events, extracurricular activities, and parent-teacher conferences whenever possible.
- Respect the Parenting Plan: Following the agreed-upon schedule shows your child and the court that you prioritize their stability.
- Communicate Positively: Speak respectfully about the other parent in front of your child to foster a healthy co-parenting relationship.
- Advocate for Your Rights: Don’t hesitate to assert your rights if they’re being ignored or dismissed.
Common Questions About Non-Custodial Rights
- Can my ex prevent me from seeing school or medical records?
No. Tennessee law grants you the right to request and receive these records directly from your child’s school or doctor.
- What if my child’s other parent doesn’t tell me about a medical emergency?
They are legally required to inform you within 24 hours of any hospitalization, major illness, or significant health event involving your child.
- Am I allowed to call my child whenever I want?
You are entitled to unimpeded telephone conversations at reasonable times and for reasonable durations. Excessive interruptions or monitoring by the other parent can be challenged legally.
- Can the other parent take my child out of state without my knowledge?
If the trip exceeds two days, they must provide an itinerary, including contact details. This ensures you remain informed about your child’s whereabouts.
Contact Us Today for a Consultation
If you’re struggling to understand or exercise your rights as a non-custodial parent, or if you feel excluded from important aspects of your child’s life, it may be necessary to enlist the help of an experienced family law firm.
At Inman, Stadler & Hill, our Knoxville family lawyers are here to guide you through the complexities of family law and advocate for your role as an ARP to your child. Contact us today for a consultation and to learn how we can help.