Often, for any number of reasons, parents don’t share custody of their child equally after divorce. This could be because one parent is living some distance away or because a parent simply doesn’t have the time or ability to be a parent on their own for this much time.
That doesn’t mean, however, that the parent with less parenting time doesn’t have rights. Unless there’s a history of violence or abuse, nearly every parent is granted certain rights under Tennessee law to allow them to remain part of their child’s life. Let’s look at a few.
Telephone contact
The law gives parents the right to have “unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations” when their child is with their other parent. That includes video calls.
Medical records and notifications
Unless a custody order prohibits it, both parents have the right to their child’s “medical, health or other treatment records directly from the treating physician or healthcare provider” even if one parent doesn’t have medical decision-making rights (often known as “legal custody”). Further, parents must notify their co-parent if the child suffers a serious illness or injury, is hospitalized or dies “as soon as practicable but within twenty-four (24) hours” and give the child’s medical providers their co-parent’s contact information if they don’t have it.
School and other educational records
Parents typically have the right to “receive directly from the child’s school any educational records customarily made available to parents.” They also have the right to “access and participation in the child’s education on the same basis that are provided to all parents.”
Note that even when parents share custody of a child equally, one parent may still try to interfere with the other parent’s legal rights. That’s why it’s crucial that all parents who are no longer together know what their rights are. Having experienced legal guidance can help a parent understand, protect and assert their rights.
