Legal Question in Family Law in Tennessee

Terminating Visitation Rights

I am planning to marry in March of 2005 but first I need to terminate visitaion rights with my child's (used to be) step-father in Ohio. All proceedings were held in TN and I tried to serve him with child support papers in an attempt to get him out of our lives. It worked becuase we've not seen him since Labor Day of 1999. Tennessee codes clearly state that a step parent may have visitation as long as he contributes to the support of the child. I also know that the definition of abandonment in TN is 4 months with no conatct or 4 months without child support. My lawyer could still represent me in the issue but I feel safe in serving him by notice in the paper where he lives but refuses to be served. I need to know what to do; i.e. what forms to use, steps to take to file this pro se with the court, etc. Please help so I can move on with my life.


Asked on 6/08/04, 8:30 am

1 Answer from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: Terminating Visitation Rights

Rather than handling this pro se, I would prefer you consider hiring a lawyer. The lawyer will probably have better luck getting him served. The rules of civil procedure tell you what is and what is not valid service of process. If you know where he lives or works, you can generally get him personally served whether he wants to be served or not. It might just take an assertive and professional process server. However, you may have other options for service. Service by publication may not be an option for you. It just depends on the circumstances.

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Answered on 6/08/04, 11:39 am


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