child custody

Sudden changes in custody plans.

One of the most challenging aspects of divorce is determining the custody and visitation arrangements for the children. In Tennessee, the court will order a custody and visitation schedule that is based on the best interest of the child, taking into account various factors such as the relationship between each parent and the child, the ability and willingness of each parent to facilitate and encourage a close and continuing parent-child relationship, the emotional and developmental needs of the child, and the moral, physical, mental and emotional fitness of each parent.

However, there may be situations where a custodial parent has valid reasons to refuse to send their child to court-ordered visitation with the other parent. The only exception for denying a non-custodial parent court-ordered visitation in Tennessee is if a parent has a legitimate reason to believe their child’s physical and emotional health is in imminent danger . For example, if a parent has evidence or suspicion that their child is being physically, emotionally, or sexually abused by the other parent or someone in their household, they should not send their child for visitation until they seek legal help to modify or terminate the visitation order . Another possible reason to refuse visitation is if the other parent has a substance abuse problem that may impair their judgment or endanger the child.

Refusing to send a child for court-ordered visitation is a serious matter that should not be done lightly or without sufficient grounds. A parent who denies visitation without a valid reason may face legal consequences such as contempt of court, fines, loss of custody, or criminal charges . Therefore, it is important to consult with an experienced family law attorney before taking any action that may violate a court order. A lawyer can help you gather evidence, file a motion to modify or terminate visitation, request an emergency hearing, or seek other remedies to protect your child’s best interest.

In summary if you have fears for your child's safety we need to spend time to fully document your fears with photos and third party evidence. No court will be swayed by a story that sounds something like - I woke up on Friday morning and saw a post on Facebook that makes my ex look like a jerk. It may be true, but we will need to build a case showing pattern of behavior and how, exactly, that behavior will put your child in physical or emotional danger. This may require expert medical opinions and other evidence that does take time to gather. So we advise clients to generally plan their moves at least a month or more in advance in these types of situations.