Visitation

Exercising Your Visitation Rights in Nashville, Tennessee

We can help noncustodial parents stay in contact with their children

Even in cases in which one parent receives or has full custody of a minor child, that parent’s authority may still be subject to visitation rights. The purpose of these rights is to promote some continued contact with the noncustodial parent, even under circumstances when joint custody would not have been appropriate. While courts readily award these rights under most circumstances, issues may arise when the custodial parent has serious concerns about the effect contact with the noncustodial parent has on the child. In these cases, a Tennessee court likely needs to determine whether these concerns are founded and whether they justify a limitation or denial of visitation rights. Over our more than 30 years of combined experience, we at Miller Upshaw Family Law, PLLC have assisted Nashville parents on both sides of visitation disputes in gathering evidence and cogently presenting their cases in court.

Who is entitled to visitation?

Once paternity has been established, noncustodial biological parents are entitled to visitation under most circumstances. The extent of these rights may be contingent upon whether the noncustodial parent has a preexisting relationship with the child. Typically, a court will only deny visitation rights if it finds that contact with the noncustodial parent would be likely to cause a substantial harm the child’s physical or emotional health. Even in cases in which past abuse has occurred, the court may still allow a parent to spend time with his/her child under supervised conditions. Moreover, a custodial parent cannot relocate a child without court approval if that relocation would interfere with the other parent’s visitation rights. In Tennessee, grandparents and stepparents may also have some rights under limited circumstances.

Obtaining the right to stay in contact with your child

The process for obtaining parental visitation rights is similar to that of other child custody matters. If the parents can agree on a plan, the court may approve it without the necessity of litigation. This type of plan should address a number of issues:

  • The frequency and length of visitation
  • Which parent is responsible for transportation
  • The effect of holidays and other special occasions
  • Whether the time is supervised unsupervised

If they cannot reach an agreement themselves, the parties must, in most cases, attempt to reach an agreement through mediation. If they still have not reached an agreement after mediation, they can present their arguments to a judge for a final decision.

Call us today if you are struggling with child visitation issues

Our attorneys at Miller Upshaw Family Law, PLLC have assisted both custodial and noncustodial parents in establishing, resisting and enforcing visitation rights. Our office is on Woodland Street in Historic Edgefield in Nashville within sight of the Davidson County Courthouse. Call us today at 615-454-9899 or contact us online to set up a consultation with an attorney.

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