|
|
Last Modified on Nov 03, 2025
Regardless of who initiated the process, going through a divorce or separation when you have children is a stressful time full of uncertainties. There are a lot of decisions that have to be made about your child’s care and living situation. You may wonder, “What are the rights of custodial parents versus noncustodial parents in Nashville?” Knowing the difference between the types of custody allows you to make better decisions for your child.
Hire a Paternity Lawyer
There are many reasons why a couple may decide to end a relationship. When children are involved, a parenting plan must be created and agreed upon by both parents to ensure the best interests of the child. Before making a legally binding agreement, paternity should be officially established if it has not already been done. A paternity lawyer at Mathis, Bates & Klinghard, PLLC, can ensure that Nashville paternity laws are followed and a fair parenting plan is created.
Nashville Families
Nashville offers a vibrant experience for both adults and children. With a population of 709,846 residents, the Music City offers Southern charm and modern conveniences. With a diverse mix of 314,578 households, Nashville is home to both traditional and nontraditional families. The population of Nashville, in 2023, was:
- 21% were under the age of 18.
- 57% of residents over the age of 15 are single.
- 9% of men were divorced.
- 13% of women were divorced.
- 6% of households were male-headed.
- 16% of households were female-headed.
When there are family disputes in Nashville, they are handled at the Juvenile Court of Metropolitan Nashville & Davidson County or the Fourth Circuit Court.
Different Types of Custody
When deciding child custody arrangements, Tennessee family law judges have the discretion to decide which arrangements are in the best interests of the child. In general, four types of custody can be awarded to either parent. How the judge awards custody determines which parent can exercise rights over the child’s upbringing. The four types are:
- Sole legal custody. When a guardian is awarded sole legal custody, it gives them the power to make all of the child’s medical, educational, religious and extracurricular decisions without requiring input from the other parent.
- Joint legal custody. When joint legal custody is awarded, both parents are given the same power to decide on the child’s medical, educational, religious and extracurricular activities. Decisions have to be made together and agreed upon.
- Sole physical custody. When a guardian is awarded sole physical custody, it means that the child lives with them more than half of the time and that guardian is responsible for the daily care of that child.
- Joint physical custody. Parents awarded joint physical custody are both responsible for the daily care of the child, and the child spends a significant amount of time living with both parents, even if the arrangement is not strictly 50/50.
Rights of Both Custodial and Noncustodial Parents
Regardless of which custody arrangements are established by the courts, both parents have rights even when the child is living with the other parent. These rights include:
- The right to unimpeded telephone conversations a minimum of twice a week and access to a telephone number where the child can be reached at reasonable times.
- The right to send physical mail to their child without it being intercepted or viewed by the other parent.
- The right to receive notice, within 24 hours, when the child is hospitalized, has a major illness or injury or if the child dies.
- The right to receive school records directly from the school.
- The right to receive copies of medical records directly from doctors or hospitals.
- The right to advanced notice, of at least 48 hours, of all extracurricular, school or church activities.
- The right to notice when the child is being taken out of state.
- The right to participate in the child’s education.
FAQs
What Are the New Child Custody Laws in Tennessee?
There are two new child custody laws in Tennessee. First, family court judges have a presumption that joint legal custody and equal parenting time are in the best interests of the child. Any deviation from this presumption has to be justified.
Second, an unmarried father can sign a voluntary acknowledgement of paternity after a child has been born and assume full legal responsibility for that child. Previously, the mother was solely given full legal custody.
What Does Primary Residential Parent Mean in Tennessee?
When discussing custody arrangements in Tennessee, the description of one parent as the primary residential parent refers to whichever parent the child lives with more than half of the time.
Even when the child spends an equal amount of time living with both parents, one parent may be deemed the primary residential parent for legal purposes. The other parent is considered the alternative residential parent.
How Are Exchanges Handled Between Separated Parents in Tennessee?
Tennessee law requires that every couple with children who separate have to have a permanent parenting plan with at least one neutral safe exchange location named in the plan. In addition, Tennessee requires that every sheriff’s office have a designated location marked as a neutral safe exchange location that is available to parents 24 hours a day, seven days a week. The sheriff’s office is also required to record this location.
Can the Child Choose Which Parent to Live With in Tennessee?
The court determines which living situation is in the child’s best interests, but the child is allowed to voice their preference during a custody hearing. Although the judge retains the final decision, they may consider the child’s preference if the child is older, usually 12 years of age, and if they are mature enough to understand the gravity of the decision. The court also has to ensure the child is not being manipulated by one parent when voicing their preference.
Contact Mathis, Bates & Klinghard, PLLC
It is a natural feeling to want to verify the paternity of your children. If your partner does not agree to paternity testing, you may want to hire a paternity lawyer who can represent your interests in court and compel the paternity test. Contact Mathis, Bates & Klinghard, PLLC, to schedule your initial consultation.
