“After divorce, how much time will I have with my children?”

In a divorce or child custody case, this is one of the most common questions we are asked by parents. The short answer is “it depends.” One of the greatest determining factors is how far away you live from the other parent that has the children. If you live in the same county, there is a presumption that you should have substantial visitation, if not 50/50.

The reason for this presumption is that the State of Tennessee recognizes that both a Mother and Father have an impact on the child’s growth and development. The belief is that it is in the child’s best interest for both parties to be as equally involved in the child’s life as possible under the circumstances.

Obviously, the further the distance between you and the child, the harder it will be to maintain consistent visitation. If a parent lives out of state or a considerable distance apart, the parent receiving visitation will usually have extensive summer and holiday visitation and sometimes weekend visitation.

Don’t forget that each parent has rights outlined in T.C.A. § 36-6-101. This statute provides each parent with the right to speak to the child on the telephone, send mail, be informed of medical and education situations, be informed of the child’s whereabouts, and obtain medical and educational information regarding the child. Just because you live several states away does not preclude you from being up to date on your child’s life.

To learn more about your parental rights or seek the assistance of a Batson Nolan Divorce Attorney, contact us. At Batson Nolan, our family law attorneys are here to address any of your divorce, child custody, or child support questions for Clarksville, Montgomery County, as well as other areas of Tennessee and Kentucky.