Legal Question in Family Law in Tennessee
Visitation restrictions
My boyfriend and I have recently separated. We were never married, but share 3 children ages 2,3,&4. He has now moved in with a woman. Do I have the legal right to withhold overnight visitation, before we go to court to settle visitation issues?
2 Answers from Attorneys
Re: Visitation restrictions
If he is on the birth certificates, probably not. For more info, see www.gsmithlawfirm.com
Re: Visitation restrictions
Even though you are not married, if you have both taken steps to agree and legitimate the children by his acknowledgement of paternity (i.e., he's on the birth certificate), the children are entitled to visitation. This is child's right, and the Court always looks to the best interests of the child. There can be restictions on visitation that would prevent a paramour (lover) from being in the same residence during visitation, but you'll have to push for it. Tennessee Code Annotated 36-6-110 specifically gives the rights of non-custodial parents.
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