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.


Asked on 5/07/09, 12:00 am

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

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.

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Answered on 5/08/09, 5:52 pm


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