When temporary custody is granted, it signifies an interim arrangement in which one parent (the custodial parent) is responsible for the child’s care and living arrangements until a permanent custody decision is made. It’s essential to understand the implications of such a decision and the associated rights and responsibilities, especially in Tennessee.
Understanding Non-Custodial Parent
A non-custodial parent is a parent who does not have primary physical custody of the child. This parent may still retain legal rights and responsibilities concerning the child’s upbringing, including decisions about education, healthcare, and religious instruction. The term “non-custodial parent” does not diminish the importance or value of their role in the child’s life.
Rights of a Non-Custodial Parent
Despite not having primary custody, non-custodial parents have specific rights, which often include:
Visitation Rights: The ability to spend time with their child according to a predetermined schedule.
Decision-Making Participation: Involvement in significant decisions affecting the child’s welfare.
Information Access: Right to access the child’s educational and medical records.
Denying Visitation to the Non-Custodial Parent
In some instances, the custodial parent may feel compelled to deny visitation to the non-custodial parent. However, this should only be done under specific circumstances, such as:
Court Orders: If there is a court order restricting visitation due to safety concerns.
Immediate Danger: If there is a reasonable belief that the child is at immediate risk of harm during visitation.
Substance Abuse: Evidence that the non-custodial parent is under the influence of drugs or alcohol during visitation periods.
It’s crucial for the custodial parent to document any incidents and seek legal counsel before denying visitation to avoid violating court orders.
Summer Visitation for Non-Custodial Parents
Summer visitation plans often allow non-custodial parents extended time with their children, providing opportunities to strengthen their bond and create lasting memories. These plans are typically outlined in the custody agreement and may vary in length, from several weeks to the entire summer break. It’s important for both parents to communicate effectively and plan ahead to ensure smooth transitions and enjoyable experiences for the child.
Role of a Non-Custodial Parent Lawyer
Navigating the complexities of custody and visitation rights can be challenging. A non-custodial parent lawyer specializes in advocating for the rights of parents without primary custody. They provide:
Legal Representation: Guidance through legal proceedings and representation in court.
Custody Modifications: Assistance in filing for custody or visitation modifications if circumstances change.
Mediation Services: Support in resolving disputes amicably through mediation.
Tennessee Non-Custodial Parent Lawyer
If you are a non-custodial parent in Tennessee seeking legal assistance, McBrien Armistead Law Group can help. Our experienced attorneys are well-versed in Tennessee family law and dedicated to protecting your parental rights. We offer personalized legal strategies tailored to your unique situation, ensuring your voice is heard, and your relationship with your child remains strong.
Contact McBrien Armistead Law Group today to schedule a consultation and take the first step towards securing your parenting rights. We’ll work towards a favorable outcome for you and your family.