When parents separate or divorce and children are involved, questions about parenting time and parental rights can quickly become complicated. In Tennessee parenting plans, parents are commonly identified as the Primary Residential Parent (PRP) and the Alternate Residential Parent (ARP), rather than relying solely on the traditional terms “custodial” and “non-custodial” parent.
This terminology reflects Tennessee’s focus on each parent’s responsibilities and the parenting arrangements that serve the best interests of the children.
At Inman, Stadler & Hill, we understand that parents designated as the ARP may have questions about what that role means and what rights they continue to have. This article explains some of the key rights of an ARP in Tennessee and what you can do if you believe those rights are not being respected.
Non-Custodial Parents’ Rights: A Legal Overview
Tennessee law generally provides both parents with important rights, although those rights may be limited by a court order when appropriate. A Permanent Parenting Plan, discussed further in The Parenting Plan Agreement, establishes important details such as the residential schedule, holidays, healthcare, education, and other parenting responsibilities.
Under Tennessee law, an ARP may have several important rights, including:
- Unimpeded Communication: You generally have the right to unimpeded telephone or, when available, video conversations with your child at least twice a week at reasonable times and for reasonable durations.
- Mail Privacy: Mail you send to your child generally cannot be destroyed, defaced, opened, or censored by the other parent.
- Timely Notifications: You generally have the right to receive notice and relevant information as soon as practicable, but within 24 hours, of a hospitalization, major illness or injury, or death of your child.
- Access to Records: You generally have the right to obtain educational records directly from your child’s school and medical or treatment records directly from healthcare providers, subject to applicable law.
- Activity Involvement: Whenever possible, you generally have the right to at least 48 hours’ notice of extracurricular activities in which parental participation or observation would be appropriate, along with an opportunity to participate or attend.
- Out-of-State Travel Itineraries: If the other parent takes your child out of Tennessee for more than 48 hours, you generally have the right to receive reasonable notice and an itinerary that includes departure and return dates, destinations, the mode of travel, and telephone numbers.
- Freedom from Derogatory Remarks: You generally have the right to be free from unwarranted derogatory remarks about you or your family made by the other parent to or in the presence of your child.
These protections are addressed in Tennessee Code Annotated § 36-6-101. Because a court may restrict certain rights based on the child’s best interests, parents should also review the specific terms of their parenting plan and any other applicable court orders.
What Non-Custodial Parents Can Do if Rights Are Violated
Even with a parenting plan in place, disagreements can arise over school information, extracurricular activities, medical care, and other matters involving a child. Depending on the circumstances, withholding information required by the parenting plan, a court order, or Tennessee law may interfere with the other parent’s rights.
If you believe your rights as an ARP are not being respected, there are several steps you can take:
- Keep Detailed Records: Document missed notices, withheld information, denied communication, and other incidents that may conflict with your parenting plan or court order. Save relevant emails, text messages, and other communications.
- Address the Issue Directly: When appropriate, communicate with the other parent about the problem and refer to the relevant terms of the parenting plan. Keeping the discussion focused on your child and the specific issue can help avoid unnecessary conflict.
- Seek Legal Assistance: If the problem continues, a Knoxville family law attorney can review your parenting plan, determine whether your rights may have been violated, and explain the legal options available to address the issue.
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. A parent designated as the ARP generally continues to have parental rights even though the child may spend more residential time with the other parent. Termination of parental rights, by contrast, is a separate legal process that severs the parent’s legal rights concerning the child, including rights involving custody, visitation, and decision-making.
In Tennessee, involuntary termination of parental rights requires clear and convincing evidence of at least one statutory ground for termination and a finding that termination is in the child’s best interests. Statutory grounds can include abandonment, severe child abuse, and other circumstances specifically identified by Tennessee law. Parental rights may also end through a legally valid voluntary surrender under applicable Tennessee procedures. Simply being designated as the ARP does not, by itself, terminate a parent’s legal relationship with their child.
How to Maximize Your Role as a Non-Custodial Parent
Your role as an ARP is shaped by the terms of your parenting plan, including your residential schedule and other parental responsibilities. Staying involved and consistently following the plan can help you maintain a strong relationship with your child.
- Stay Engaged: Attend school events, extracurricular activities, parent-teacher conferences, and other important events whenever possible.
- Follow the Parenting Plan: Consistently following the residential schedule and other terms of the parenting plan can provide stability for your child and help reduce unnecessary disputes.
- Keep Communication Respectful: Avoid speaking negatively about the other parent in front of your child, and keep discussions with the other parent focused on your child’s needs.
- Know Your Rights: Understand the rights provided by your parenting plan and Tennessee law. If you believe those rights are not being respected, document the issue and consider speaking with a family law attorney about your options.
Common Questions About Non-Custodial Rights
Can my ex prevent me from seeing school or medical records?
Generally, no. Tennessee law allows noncustodial or nonresident parents to request certain school records directly from the child’s school and medical or treatment records directly from healthcare providers. However, access may be limited by applicable law or a court order.
What if my child’s other parent doesn’t tell me about a medical emergency?
Tennessee law generally requires the parent exercising parenting time to provide notice and relevant information as soon as practicable, but within 24 hours, of a hospitalization, major illness or injury, or death of the child.
Am I allowed to call my child whenever I want?
Not necessarily. Tennessee law generally provides a right to unimpeded telephone or, when available, video conversations with your child at least twice a week at reasonable times and for reasonable durations. Your parenting plan or court order may also establish specific days and times for those conversations.
Can the other parent take my child out of state without my knowledge?
If the other parent takes your child out of Tennessee for more than 48 hours, Tennessee law generally provides a right to reasonable notice and an itinerary that includes the planned departure and return dates, destinations, mode of travel, and telephone numbers.
Contact Us Today for a Consultation
If you’re having difficulty understanding or exercising your rights as a non-custodial parent, or if you believe you are being excluded from important decisions or information involving your child, speaking with a family law attorney may help you understand your parenting plan and the options available to you.
At Inman, Stadler & Hill, our Knoxville family lawyers help parents understand Tennessee parenting plans, ARP rights, and disputes involving parenting time and parental responsibilities. We can review your situation, explain your legal options, and advocate for your rights and your continued role in your child’s life. Contact us today for a consultation to learn how we can help.
