Legal Question in Family Law in Tennessee
Visitation Rights
If visitation rights are given to a father in a divorce decree, yet the father does not maintain an on going relationship with the child and hasn't even spoken to the child in over 3 years, can the father exercise his visitation rights and take the child over 1000 miles from her home to be among people she doesn't know? The child is 6 years old. Can the child refuse to go?
1 Answer from Attorneys
Re: Visitation Rights
Yes, the child can refuse to go.... but if the custodial parent lets a 6 year old child dictate what the child will do and fails to FORCE the child to go, that parent is in contempt of court and may well have exhibited poor enough parenting skills that custody should be changed. If you want to change the schedule, go to court and change it. Until it IS changed, he gets to have the time with the child that is allowed under the order. Amazing that a parent who would not let a 6 year old child decide whether to go to school, when to go to bed, or what to eat, thinks the kids should get to decide not to see the other parent.....
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