Legal Question in Family Law in Tennessee
My ex wife and I have had a parenting plan since 2008 which states that my daughter visits with me on the weekend of my birthday. Just recently a Judge gave visitation to my mother as well, the 3rd weekend of every month. It just so happens that this weekend is my birthday and the 3rd weekend of the month. Who gets visitation, me or my mother? We are in TN.
1 Answer from Attorneys
That's a tough question. The judge should have added a provision discussing issues like this, as the third party visitation can definitely cause conflicts of time. Typically, holidays under a parenting plan trump the regular (day-to-day) parenting schedule. Therefore, if your birthday is considered a holiday under your current plan, which they typically are in the state form plans, it would trump regular day-to-day visitation. To be safe, you should have an attorney file a motion to clarify with the court, asking them to address this issue before anyone runs into trouble.