Legal Question in Family Law in Tennessee
custody question
my x is the primary custodian, my daughters have expressed that they do not want to visit with me. therefore i have not been exercising my visitation with them and have not been picking them up.
the x has filed against me for contempt of court and wants be to either be thrown in jail or compensate her for the time that she has them since I have not been picking them up.
Q: can she do this, as the non-custodial parent am I obligated to visit with them even though they express how miserable they are with me?
2 Answers from Attorneys
Re: custody question
I have heard more than one judge say that he/she can not make a parent visit the children. (that does not mean that the judge can't hold you to the visitation order) However, I have seen the courts charge the non-visiting parent significantly more child support due to the lack of visitation. The current and new child support guidelines (which will be in effect in January) account for increases for reduced or lack of visitation.
Re: custody question
The Court can and is likely to increase the amount of support if you have not followed the visitation schedule. Your issue is whether the Court will hold you in contempt for your past failures: It is not the childrens' decision to visit,it is yours. If you need additional help on the matter feel free to call.
Sincerely,
Evan Harris
Nashville, TN
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