What are the rights of the non-custodial parent in Memphis?

Memphis, TN – When they file for divorce, Tennessee parents will think of their children’s future in terms of full custody or shared custody. Although you will still occasionally hear these terms in court, Tennessee laws have replaced them with the primary custodial parent and alternative residential parent, instead of non-custodial parent.

If you want to avoid upsetting your children’s lives even more, it is best to reach out to seasoned and compassionate Memphis child custody lawyers and negotiate, rather than fight in court.

Even if you decide on a shared custody agreement, the parent that gets to spend a bit more time with the kids will be the primary custodial parent, while the other will be the alternative residential parent. This is also necessary for legal and quite practical reasons as the child’s primary residence will determine what school he or she can go to.

What rights does a non-custodial parent have in Memphis?

When the two parents are not exactly on civil terms, the custody issue may be decided in court. Under Tennessee laws, non-custodial parents have the right to maintain a meaningful relationship with the child and be in contact regularly.

When the child is with the primary custodial parent, the other parent has the right to

• Talk to the child on the phone at least twice a week at a reasonable hour. The primary custodial parent must provide the other with a phone number where the child can be reached.
• Mail letters or packages to the child. The other parent must deliver letters or packages as soon as they arrive and is not allowed to censor communications between the two.
• Be informed as soon as possible if the child has a medical issue. The primary custodial parent will give doctors the contact info so they can reach the other parent.
• Be informed about the child’s school activity. The alternative residential parent can talk to the teachers and ask to see the school reports.
• Be notified at least 48 h in advance of any school event parents can attend. The same applies to extra-curricular or religious activities

What is parenting time in Memphis?

Parenting time is the new term used to describe visitation rights. This refers to when the non-custodial parent can have the child over.

Your Memphis divorce lawyers can help you draft a parenting plan or, if you cannot agree on one, the court will issue an enforceable order.

Generally speaking, the non-custodial parent will get a weekday visit of at least 2 hours with the child. Also, the child will spend every other weekend at the non-custodial parent’s house.

One factor that needs to be considered is the distance between the two houses. If the parents live in the same area, the judge may agree to expanded weekend visits.

However, if the non-custodial parent moves 100 miles away, the court may limit the number of visits. This is not meant to punish the non-custodial parent in any way. Under state law, a family court judge is required to keep the child’s best interests in mind and frequent long trips between two houses might be too tiring and disruptive.

Keep in mind that if the primary custodial parent tries to interfere with the parenting plan, your lawyers can help you file a petition with the court. You may even petition to have the order modified if the other parent tries to alienate the child from you.