Legal Question in Family Law in Tennessee

child visitation

my son in 2004 was issued a order of protection against him from his exgirlfriend. they have a child . he had visitation and it was in the order also that he would have to exchange the child at the police station. everything went fine. in tn. after a year if things are fine the order of protection is dropped, but they also told him his visitations were dropped to. my question is can they do this to his visitation of his son??


Asked on 11/14/06, 9:00 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: child visitation

I hate to do this, but the post from Mr. Guth is wrong. Flatly wrong. When the Order of Protection expires, so does anything set out in it, including visitation or child support. Your son needs to file a petition in Juvenile Court, and he might want to look at asking to be the primary caretaker for the child instead of just visiting, with a primary reason for the court to put the child with him being that the mother is denying him any time with the child.

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Answered on 11/15/06, 10:42 am
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: child visitation

No, visitation does not drop after a year. Visitation can only be stopped if a judge holds a hearing to terminate visitation and your son receives proper notice of the hearing with an opportunity to oppose any attempt to stop visitation.

http://michaelguth.com/prose/freeadvice.familylaw3.htm

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Answered on 11/14/06, 10:32 pm


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