Finding positive solutions to help families through child custody disputes
Every parent and court system wants what is best for the children after a divorce or separation. Unfortunately, it is rarely that simple and each party may have different ideas on how best to arrange child custody moving forward. While Tennessee courts favor both parents continuing to be involved in a child's life, that doesn't always mean equal custody. At Pate & Knott, our Murfreesboro family law attorneys will work vigorously to ensure your parental rights are protected and your children make a smooth transition to the new arrangement.
What rights do a noncustodial parent have?
It's natural to worry about maintaining your relationship with your children if your spouse becomes the custodial parent. In Tennessee, non-custodial parents generally have several rights to help protect that relationship, so long as it is in the best interest of the child. Non-custodial parents usually have the right to:
- Communicate regularly via telephone and regular mail, uncensored by the custodial parent
- Be informed when the child has a serious health issue or is hospitalized
- Have access to the child's school and medical records and participate in decisions related to the child's medical care and education
- Receive notice of important events, including sporting events and extracurricular activities
- Be notified if the custodial parent plans the leave the area with the child for an extended period of time
As a non-custodial parent, it is important to proactively assert your right to maintain an active role in your child's life. At Pate and Knott, our skilled family law attorneys understand that every family is different and deserves a personalized approach. We provide the dedicated service necessary to determine the best strategy to help you maintain your special bond with your children.
What if a parent relocates after a divorce?
When one spouse moves away after a divorce, it can present a difficult parenting situation moving forward. Tennessee law surrounding parental relocations is complicated, but does provide some protections for parents in these circumstances. If a parent is making a move more than 50 miles or out of the state, they must provide notice to the other parent. If the parents cannot agree on the parent's right to move with the minor child and/or a revised visitation schedule, the relocating parent must file a petition with the court seeking the right to move with the minor child and an alteration to the existing visitation agreement. The non-custodial can also ask for a hearing to object to the move, in which case to be successful they must demonstrate the move is not in the best interest of the child or is an act of vindication against the non-custodial parent.
The court will also consider whether there are alternative methods for the remaining parent to continue to communicate and visit with the child moving forward. A relocation can be stressful for both the moving parent and the one left behind. Discussing your plans with an experienced family law attorney can help smooth the transition for both you and your child. At Pate and Knott, our attorneys have more than 50 years of combined experience helping families through difficult changes. We can assist in petitioning the court for a modified custody agreement, or help you challenge a parent's move if you doubt it's in your child's best interest.
Your family law champion during child custody disputes
When facing a child custody battle, you want an advocate who can be both compassionate and tough. At Pate and Knott, our Murfreesboro child custody attorney know the Tennessee family law system and are by your side each step of the way. Call us at 615-848-1221 or contact us online to schedule an initial consultation. We accept all major credit cards.