Best Child Visitation Lawyers in Tennessee

About Child Visitation Law in Tennessee, United States

Child visitation law in Tennessee governs how parents who are no longer together share time with their children. Tennessee uses the term "parenting time" or "parenting plan" rather than just "visitation." The law encourages both parents to have a meaningful relationship with their children, unless there are reasons that make visitation unsafe or not in the child's best interest. If parents cannot agree on a visitation schedule, the courts will decide, always prioritizing the child's well-being.

Why You May Need a Lawyer

There are several situations where legal help with child visitation may be necessary in Tennessee. Common reasons include:

• Disagreements over the schedule or amount of parenting time
• One parent denying visitation without a court order
• Concerns about the child's safety during visits, such as cases involving domestic violence or substance abuse
• Modifying an existing visitation order due to changes in circumstances, like relocation or changes in the child's needs
• Enforcement of a visitation order when the other parent is not cooperating
• Navigating complex family situations, such as parental alienation or grandparent visitation rights

A lawyer can help protect your rights and advocate for the best interests of your child throughout the legal process.

Local Laws Overview

Tennessee law requires divorcing or separating parents to submit a "Permanent Parenting Plan." This plan outlines how parents will share decision-making and time with their children. If parents disagree, the court will create a plan based on the child's best interests. Factors Tennessee courts consider include the child's needs, relationship with each parent, both parents' parenting ability, the child’s adjustment to home, school, and community, and any history of abuse.

The state recognizes both parents as equally important, but does not automatically award 50-50 time. Flexibility is allowed to suit each family's unique situation. Visitation may be restricted or supervised if there are concerns about the child's welfare. Also, Tennessee provides for "make-up" parenting time if scheduled visits are wrongfully denied. All decisions by the court aim to promote the child's stability, happiness, and overall well-being.

Frequently Asked Questions

What is the difference between visitation and parenting time?

In Tennessee, "parenting time" refers to the specific periods each parent spends with their child, while "visitation" traditionally refers to the time the non-custodial parent spends with the child. The state now uses the broader term "parenting time" to emphasize the importance of both parents in a child's life.

Can grandparents get visitation rights in Tennessee?

Yes, under certain circumstances, Tennessee law allows grandparents to request visitation. The court may grant it if there is a significant relationship and if denial would harm the child.

Can a child choose which parent to live with?

A child's preference is considered, especially if the child is over age 12, but the court is not bound by the child's wishes. The final decision is based on the child's best interest.

What if one parent refuses to follow the visitation schedule?

If a parent violates the court-ordered schedule, you can file a motion for contempt with the court. The court can enforce the order and may allow make-up time or impose penalties.

Will the court always grant unsupervised visitation?

No, if there are concerns about the child's safety due to abuse, neglect, or substance abuse, the court may restrict visitation or require supervision.

How can I modify a visitation order in Tennessee?

To modify a visitation order, you must show a material change in circumstances and that the modification is in the child's best interest. This process requires a new petition to the court.

What if the other parent moves out of state?

Relocation with the child can impact visitation. Tennessee law has specific notice requirements, and the non-relocating parent can object. The court will determine whether the move serves the child's best interest.

Do unmarried parents have visitation rights?

Yes, both mothers and legal fathers have visitation rights. Paternity must be legally established before fathers can seek visitation.

How long does it take to get a visitation order?

The timeline varies depending on the complexity of the case, the cooperation of the parents, and the court's schedule. Cases can be resolved in a few months, but contested matters may take longer.

Does the child's age affect visitation schedules?

Yes, younger children often have shorter, more frequent visits, while older children may have longer visits or overnight stays. The court considers each child's developmental needs.

Additional Resources

If you need further information or support regarding child visitation in Tennessee, consider contacting the following resources:

• Tennessee Department of Human Services - Child Support Services Division
• Tennessee Administrative Office of the Courts - Parenting Plan resources
• Legal Aid Society of Middle Tennessee and the Cumberlands
• Tennessee Bar Association - Lawyer Referral Service
• Local county courthouse family law or mediation offices

Next Steps

If you are facing issues with child visitation, start by documenting your concerns and gathering all relevant court orders and communication. If possible, try to resolve disagreements with the other parent through open communication or mediation. If that is not possible or the situation involves safety or legal complexities, consult with a qualified family law attorney who understands Tennessee law. They can explain your rights, assist with court filings, and represent you in negotiations or hearings. If you cannot afford an attorney, seek assistance from local legal aid organizations or court self-help centers, as they may offer free or low-cost support.

Above all, remember that Tennessee family law is guided by the best interest of the child. Taking early and informed action can help ensure your parental rights and your child's well-being are protected.