Tennessee Visitation Rights for Child Custody Explained

If you are currently going through a divorce and have children, child custody is probably on your mind. While some couples are able to reach an amicable decision regarding their children, this process can be much more difficult when spouses don’t get along. It is important to understand visitation rights and child custody when pursuing a divorce agreement.

A qualified Memphis child custody lawyer can help you with this process to ensure the rights of both you and your children are protected. Your lawyer can also handle any child support concerns you may have during this difficult time. 

Visitation Rights in Tennessee

The State of Tennessee believes that protecting the rights of the non-custodial parent and children is extremely important; for this reason, the court must grant the parent their right to see their children unless there is a reason to believe that visits would harm the welfare of the child. Tennessee has created a visitation code listing rights for both parents, which includes: 

• the right to send mail to the child(ren) without it being opened by the other parent;
• the right to speak to the child(ren) on the phone at least twice per week;
• the right to access school and medical records;
• mandatory notification of illness or death within 24 hours; and
• mandatory 48-hour notification of extracurricular activities.

In order to protect the parent-child relationship, the Tennessee Code also explicitly states that derogatory comments cannot be made about the other parent while children are present. If you believe that your spouse is attempting to influence your child in any way by making negative statements, speak with a Memphis child custody lawyer.

In some cases, the custodial parent may try to put a stop to visitation. If this is the case, and you are the non-custodial parent, you can ask the court to hold your ex-spouse in contempt and restore your lost visitation. 

Developing a Visitation Schedule

In most cases, the courts prefer that parents come to an agreement on child custody and visitation arrangements before the divorce is finalized. This certainly makes sense; after all, you and your soon-to-be ex understand your children and family schedule better than any judge.

In the child custody and visitation arrangement, you must decide who will be the custodial parent; that is, who will provide the children’s primary residence. Next, you may decide how, when, and with whom the children will split their time in developing a regular visitation schedule.

After you have created the regular visitation schedule, you may create a holiday and vacation schedule. When planning a holiday schedule, try to ensure that the child spends an equal amount of time with the custodial and non-custodial parent on special occasions. 

Visitation Rights and Non-Parents

In certain situations,Tennessee courts may grant child visitation rights to individuals other than the parents. For example, if the non-custodial parent with visitation rights is in the military and deployed overseas, he or she may petition the court to allow another relative to continue the visitation rights while he or she is away.

Under certain circumstances, grandparents can also be awarded visitation rights with the children. For example, if the non-custodial parent (the grandparent’s child) is deceased or the grandparents served as the child’s caregiver, visitation rights may be granted.

For more information, see Visitation, Residential Time & Parenting Time in Tennessee Divorce Law.

Contact a Memphis Child Custody Lawyer

Dealing with visitation and child custody matters can be an emotional experience for many divorcing couples. Fortunately, the Memphis child custody lawyers at the Miles Mason Family Law Group have helped many clients in situations similar to yours deal with these sensitive issues.