Legal Question in Family Law in Tennessee
visitation rules w/a sick child involved
Can i withold visitation from my ex-wife, since she has no telephone in her home, considering that our 5yr old is a cancer patient undergoing chemotherapy?
1 Answer from Attorneys
Re: visitation rules w/a sick child involved
Parties withhold visitation from ex-spouses all the time. But I tend to represent those whose visitation rights have been arbitrarily and unilaterally denied. If you stop the visitation on your own, you could be charged with sanctions -- if your ex-wife hires a hot shot attorney. The better move would be to file a petition in court to modify visitation due to your wife's lack of a phone. Are you positive she does not have a cell phone or a next door neighbor she could use to make a call? If so, then you really have no justification to deny visitation and it sounds more like spite.