Legal Question in Family Law in Tennessee
Intentional failure of visitation by father
My daughter, who now lives in Michigan with my 2 grandaughters, recently went to visit her daughters in Tennessee for her first visitation weekend (the father of my grandaughters was granted 8 weeks of custody in the summer after school ends in Michigan with my daughter having every second weekend with the girls until they return to Michigan at the end of the 8 weeks). The father and his girlfriend took the girls to Florida for a week and didn't return back until Monday morning at 4 am (my daughter's visit was to begin on Friday night at 6pm). He knew she would be in Tennessee on Friday by 6pm and still intentionally remained in Florida until Monday. Are there laws about this in Tennessee (refusal to allow visitation without reason)?
2 Answers from Attorneys
Re: Intentional failure of visitation by father
Your statement of the facts does not address where the divorce took place and that is the determinative factor. In TN there are not "laws" specifically addressing this issue, it is contempt of a court order and is filed as such with the court having jurisidiction of the divorce, if it occurred in TN.
Re: Intentional failure of visitation by father
Absolutely. The judge must go on the judgment visitation schedule. If the father took the girls away without the ok of the mother during her custodial time, she should definitely petition the court (also serve these papers on the Friend of the Court, who might have some sort of mediation program set up) and have him forced to reimburse her for her travel time and any expenses she wasted, at the very least. He knew what the judgment said and clearly and intentionally interferred with her visitation.
Stop this sort of nonsense now.
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