Visitation

Get expert legal support for visitation issues in Memphis. Douglass & Runger attorneys ensure your parenting plan meets your needs and those of your child.

Navigating the complexities of child visitation during and after a divorce or separation can be one of the most challenging aspects of family law. In Tennessee, child visitation is structured around the best interests of the child, ensuring that both parents maintain a meaningful relationship with their child despite no longer living together.

At Douglass and Runger in Memphis, our experienced family law attorneys are committed to helping you understand your rights and guiding you through the child visitation process. Whether you’re facing challenges with visitation schedules, modifications, or enforcement, we are here to provide expert legal support. Below, we break down some of the key aspects of child visitation in Tennessee and answer common questions to help you navigate this critical issue.

What Is Child Visitation?

Child visitation, also known as “parenting time,” refers to the legal rights granted to the non-custodial parent to spend time with their child. In Tennessee, visitation arrangements are often part of a broader parenting plan that outlines custody and visitation schedules. The goal is to ensure that the child maintains a strong bond with both parents, even after divorce or separation.

The courts prioritize the child’s best interests when determining visitation rights, considering factors such as each parent’s relationship with the child, the child’s needs, and the parents’ ability to provide a stable environment.

Types of Child Visitation Arrangements

Unsupervised Visitation: This is the most common type of visitation, where the non-custodial parent can spend time with their child without a third party present. The visitation schedule is typically agreed upon by both parents or ordered by the court.

Supervised Visitation: In cases where the child’s safety might be at risk, the court may order supervised visitation. This means a third party, such as a relative or professional supervisor, must be present during visits.

Virtual Visitation: With advances in technology, virtual visitation through video calls is becoming increasingly common, especially for parents who live far apart.

Holiday and Vacation Visitation: Special schedules may be created to allow for visitation during holidays, school breaks, and vacations. These arrangements ensure that both parents get to spend quality time with the child during important occasions.

Modifying Child Visitation Orders

Circumstances change; when they do, a child visitation order may need to be modified. Common reasons for modifying visitation include changes in a parent’s job, relocation, or a change in the child’s needs.

To modify a child visitation order in Tennessee, a parent must file a petition with the court and demonstrate that there has been a significant change in circumstances since the original order was issued. The court will then review the situation and decide whether a modification is in the child’s best interests.

Enforcing Child Visitation Rights

Unfortunately, visitation disputes can arise when one parent refuses to comply with the agreed-upon schedule. If this happens, you have legal recourse. Courts in Tennessee take visitation orders seriously, and a parent who violates a visitation order may face contempt charges, fines, or other penalties. If you’re struggling with a co-parent who isn’t honoring the visitation agreement, an experienced family law attorney can help you enforce your rights.

If a custodial parent refuses to comply with a court-ordered visitation schedule, the non-custodial parent can file a contempt motion with the court. The court may enforce the order and impose penalties on the non-compliant parent.

Yes, child visitation orders can be modified if there is a significant change in circumstances. This could include a change in a parent’s job, relocation, or a shift in the child’s needs. A petition must be filed with the court to request a modification.

Supervised visitation is ordered when the court believes that the child’s safety may be at risk during unsupervised visits. This typically involves a third party being present during the visitation to monitor the interaction between the child and the non-custodial parent.

In certain circumstances, grandparents and other relatives may seek visitation rights. However, they must demonstrate to the court that the visitation is in the child’s best interest and that denying visitation would harm the child.

Tennessee courts consider various factors when determining the child’s best interest, including the child’s relationship with each parent, the child’s physical and emotional needs, and each parent’s ability to provide a stable environment.

If you need to modify your visitation schedule, it’s important to consult with an attorney who can help you file the appropriate petition with the court. You will need to demonstrate that there has been a significant change in circumstances that warrants the modification.

Mediation is often a helpful tool in resolving child visitation disputes without going to court. A neutral mediator helps both parents come to an agreement that works for everyone, including the child. If you need assistance with mediation, our attorneys at Douglass and Runger can help guide you through the process.