Tennessee Law Grants Basic Parental Rights Regardless of Custody

Many Tennessee parents assume that if they do not have primary custody of their child, they lose most of their parental rights. That generally is not the case. Even when one parent has significantly less parenting time than the other, Tennessee law typically grants both parents certain rights involving communication with their child and access to important information about their son or daughter’s well-being.

Under Tennessee Code § 36-6-101, courts are generally required to preserve specific parental rights, unless limitations would be in the child’s best interests. As a result, parents who do not have primary residential custody generally retain important rights during periods when the child is with the other parent. These include the following:

• Communication rights — The law generally gives parents the right to have telephone contact with the child at least a couple of times a week when the child is with their other parent. That includes video calls using Facetime or similar technology. In most cases, those conversations should occur without interference by the other parent.
• Access to school records — Parents also typically have the right to receive educational information directly from their child’s school. This can include report cards, attendance information and other school records that are ordinarily available to parents.  
• Access to medical records and healthcare notifications — Medical information is another area where both parents usually retain rights. Even when only one parent has decision-making authority over medical issues, the other parent can often still obtain the child’s medical records directly from healthcare providers.

Tennessee law also generally requires parents to keep one another informed about significant events affecting the child. For example, a parent must typically notify the other parent as soon as practicable, and no later than 24 hours, if the child suffers a serious illness or injury, is hospitalized or dies while in that parent’s care. Additional rights provided under Tennessee law may include the right to:

• Send mail to their child
• Be informed before the child is taken out of the state
• Prevent their co-parent from making unwarranted derogatory comments about them to their child

Each family situation is unique, and if you’re unclear about the application of Tennessee law, it is best to clarify specific parental rights in your custody agreement. An experienced Tennessee family law attorney can suggest specific language to help maintain strong bonds with your son or daughter regardless of the parenting time arrangement. 

The Collierville Law Firm has been helping parents in West Tennessee with custody matters and other legal concerns for three decades. To schedule a free consultation in our Shelby County office, please call 901-614-0318 or contact us online.