Legal Question in Family Law in Tennessee
absent parent now seeks vistitaion and/or custody
My children's father and I were
never married. We split 9 years ago
and he has not seen the children at
all in that time nor paid child
support. I was pregnant with one
of the children when he left, so this
child has never seen his father. We
live in separate states and just
yesterday I got a support order.
Now he wants visitation with
children who do not know him and
do not want to see him. It should
also be noted that when he left he
dropped them off at school to go to
a court hearing on a bad check
charge and never returned and fled
the state. We have no visitation
order...do I have to allow him
visitation before we go to court? I
would love to see the court oder
supervised visitation at first based
on the fact that the kids do not
know this man. I am not trying to
keep the children from seeing him,
just want to be assured that since
he has abandoned them once he
won't do it again.
1 Answer from Attorneys
Re: absent parent now seeks vistitaion and/or custody
If you were not married when the children were born, and there is no court order for visitation, you are not required to allow it.
The best way to accomplish what you want is to file a petition in juvenile court in your county to establish his parenting time and to ask that it initially be either supervised or that it only begin after he and the children first go into counseling together.
Now, while you COULD do that, and likely would get it, you really need to ask yourself if that is genuinely needed.
When your children go to school each fall I am betting you entrust your children to teachers who are perfect strangers to you, and to your children. If their father never did anything to create a genuine concern that he would be likely to cause them harm or put them at risk if they were with him now, it makes no sense to require more of him than you would for a new teacher this fall.
And if you are concerned he will abandon the children again, just make sure they know how to use a phone and can reach you if he does.
Your concern appears to be more justifiable anger than legitimate concern.