Legal Question in Family Law in Tennessee
Want More Visitation
My little girl is 3 years old I have everyother weekend and 4 hours on Wed. She
cries and puts up a fight when its time to go back to her mom. I think this is because
she missies me. How can I get the judge to give me more visition? I live and work
close to my x and the daycare. I have talked to the x she will not give anything
other than what is in the court order.
1 Answer from Attorneys
Re: Want More Visitation
Thre is nothing magic to do or say to persuade the court. You simply have to file a Petition to Modify and ask, and present evidence and argument causing the court to WANT to make the change... but before the court has any authority to modify you have to show a substantial and material change of circumstances, which was NOT forseeable at the time of the divorce.
For much more on this, check my website at jesbeard.com and look particularly at the link at jesbeard.com/6h.htm
That link deals most clearly with what is needed to change custody, but the standards are the same to address visitation.
While the law technically requires a substantial and material change in circumstances.... sometimes judges will find that simply because the parties are not getting along.... but you need to remember that you do not have custody, and you are not likely to have the child as much as you would like.
I am often able to get favorable results by offering to have the non-custodial parent take the child when not at work and the child otherwise would be left with a sitter or in day care.... but you do not have custody, and simply wanting more time with the child does not bring it.