It’s often considered preferable when divorced parents can have equal parenting time and decision-making responsibilities for their children after they divorce or otherwise go their separate ways. However, for many reasons, that isn’t always feasible. One parent may have to live some distance from their child and co-parent or simply not have the same ability or amount of time to care for their child as the other parent does.
Unless there’s a history of violence, abuse, negligence or other issues that endanger the safety or well-being of a child, both parents typically retain parental rights even if they can’t be a regular participant in their child’s life. That means they have certain basic parental rights under Tennessee law.
It’s crucial for parents of minor children to know those rights so that they can protect them and, if necessary, effectively assert them. Let’s look at a few.
Telephone contact
Tennessee law specifies that parents have the right to “unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations” when their child is in the custody of their other parent. That includes video phone calls.
School and other educational records
The law states that parents have the right to “receive directly from the child’s school any educational records customarily made available to parents” and to “access and participation in the child’s education on the same basis that are provided to all parents.”
The law requires schools to provide this information for both custodial and non-custodial parents. A written request to the local education agency (LEA) may be required.
Medical records and notifications
Parents have the right to their child’s “medical, health or other treatment records directly from the treating physician or healthcare provider.” Note that this is not the same as having medical decision-making rights (often a part of having “legal custody”).
Parents are required to give their child’s medical providers their co-parent’s contact information if they don’t have it. Further, they are required to notify their co-parent if their child suffers a serious illness or injury, is hospitalized or dies within 24 hours (but “as soon as practicable”).
It may be beneficial for parents to codify these rights in their custody agreement or parenting plan to help prevent conflict or confusion. Having experienced legal guidance can help non-custodial parents protect their rights and remain involved in their children’s lives.