Tennessee Child Custody and Child Visitation

As a parent in Tennessee, a number of difficult issues must be addressed. Among these issues, child custody and child visitation are two of the most important. Tennessee courts hope that families will be able to cooperatively come to a conclusion on how to raise their children. However, courts understand that many parents have difficulty coming to a compromise and as such these courts will not hesitate to intervene when necessary. When courts make child custody and child visitation decisions, they will do what is in the best interests of the child. Tennessee law provides a number of factors to help guide courts in coming to their determination. To help prepare you for child custody and child visitation proceedings, a Tennessee child custody attorney should be consulted.

Tennessee Child Custody

Tennessee courts will grant custody based on the child's best interests standard. The standard in Tennessee requires a number of factors to be considered when deciding the child's best interests. These factors in Tennessee include:

• The strength of the relationship between the child and each parent
• The ability of each parent to provide the child with the proper necessities (i.e. food, clothing, shelter, medical care, education, etc.)
• Each parent's history of physical abuse or sexual abuse of a child
• The stability of the family unit of the parent or caregivers
• The child's comfort in each parent's home, school, or community
• The child's reasonable preference on custody
• The character or behavior of any person who resides in each parent's home
• Each parent's past performance as a parent and his or her future potential performance

If the child custody proceedings involve a parent who has been convicted of domestic violence against the other parent, then the court may order mediation between the parents on child custody issues. Once a final court order regarding child custody is made, the court may still modify or amend the order in the future if the order no longer serves the child's best interests. The court may modify the order to ensure that the child's best interests are being served.

Tennessee child custody proceedings can be complex and often leaves many parents confused and intimidated. To avoid this happening to you, you should receive legal help by consulting a Tennessee child custody attorney before entering child custody proceedings.

Tennessee Child Visitation Rights

Tennessee child visitation rights refer to a noncustodial parent or non-parent's rights to visit and spend time with the child. A noncustodial parent will be given reasonable visitation rights unless it is against the child's best interest to grant such rights. In addition to child visitation, noncustodial parents may be granted the following rights:

• Right to uninterrupted telephone conversations with the child at least twice a week at reasonable times and for reasonable durations
• Right to send mail to the child without the custodial parent opening the mail
• The right to receive important information regarding the child (i.e hospitalization, major illness, etc,) within 24 hours of the occurrence

If the Tennessee court finds that a parent has committed child abuse or child sexual abuse, then it may only award child visitation under circumstances where the child's safety is guaranteed. To guarantee a child's safety, a Tennessee court can do the following:

a) Mandate that all visitations be supervised by a responsible adult or agency
b) Force the abusive parent to attend and complete a program of counseling or other
intervention as a precondition to visitation;
c) Prohibit overnight visitation until the abusive parent has completed court ordered
counseling or intervention
d) Keep the child and non-abusive parent's address confidential.

If a noncustodial parent with visitation rights is relocating more than 100 miles from the custodial parent, then the parents must either come to an agreement regarding a new visitation schedule or the moving parent must file a petition with the court to alter Tennessee child visitation. If a petition is filed, then the court will consider factors relevant to visitation, including: a) the availability of alternative arrangements to foster and continue the child's relationship with and access to the other parent; b) the costs for transporting the child to visit the noncustodial parent; and c) other relevant factors concerning the cost and inconvenience of traveling to visit the noncustodial parent.

Child visitation can be a complicated and emotional matter. A parent with questions or concerns regarding visitation rights under Tennessee law is advised to consult with a Tennessee child custody lawyer.

Tennessee Code

1. Tennessee Child Custody

1. Tit.36, Chp. 6, Part. 1 §§ 106, 107.

2. Tennesee Visitation Rights

1. Tit.36, Chp. 6, Part. 1 §§ 107, 108, 110.