Legal Question in Family Law in Tennessee

Re: Visitation Rights

In order to change, or initiate, a visitation schedule-- in a Parenting Plan (or previous order of the court)the person requesting the change would have to initiate an action by filing a petition/petition for modification with the court.

The court may require mediation of this issue prior to turning the matter over to the Juvenile Court Judge/referee.

The very important issue that the Court is going to consider is: "The best interest of the Child." Having both parents actively taking an interest in the child's life and well-being is often a better situation overall for the child.

If your ex is sincere and intends to follow through with a determination of his visitation rights, rather than spinning your wheels trying to prevent him having visitation with your daughter---it may be a better approach to try to come to a realistic visitation schedule that everyone---you, your daughter, your ex--- will be a able to comfortably live with--or that will at the least facilitate a minimally disruptive transition for your daughter.

Re: Visitation Rights

While there is no law REQUIRING this, you need to keep two things in mind: 1) If he ever does primary parenting responsibility (which you would like refer to as "custody,"), the fact that you would have refused to allow him normal time with the child could be a very serious factor considered AGAINST you, and a strong argument to place the child with him to assure that the child had a relationship with both parents; 2) At some point your daughter is going to learn that you refused to allow her father to see her, and she will hate you for it. You will likely try to explain and to point out that he had little to do with her for several years all on his own, without you denying him any time with her, and she will not believe you. She will blame you for not having had her father in her life.