Visitation orders are created to ensure both parents have a clear understanding of the noncustodial parent’s rights and responsibilities regarding the time they spend with their child. If one parent refuses to comply with the visitation order, however, it can lead to legal issues and repercussions. Continue reading and reach out to a Memphis, Tennessee child visitation lawyer today for more information and skilled representation.
What is a Visitation Order?
A visitation order, also referred to as a parenting time order, is a court-issued order that outlines the terms and conditions of a noncustodial parent’s visitation rights and obligations. When physical and legal custody are awarded to only one parent, the court may still allow the other parent to maintain a relationship with the child through scheduled and controlled visitation times.
Under Tennessee Code § 36-6-502, “both parents shall comply with such order of visitation by turning over custody of the child on the days and at the times so ordered by the court and by picking up the child and returning the child on the days and at the times so ordered by the court.”
This statute requires that both parents follow the conditions of the visitation order or else risk repercussions. Common violations of the parenting time order can include recurring noncompliance with visitation changes, consistently picking up or returning the child early or late, failing to take the child to school, the doctor, or other important appointments, interfering with the other parent’s visitation time, refusing to return the child, abusing drugs or alcohol with the child present, and more.
What if a Parent Refuses to Comply With the Visitation Order in TN?
Failing or refusing to comply with the visitation order can have adverse effects not only on the other parent but also on the children involved. If your child’s other parent refuses to comply with the court order, it is important to know that you have several legal options available to you.
First, the court could hold the offending parent in contempt. Penalties for contempt can include fines, imprisonment, legal fee reimbursement, and a modification of the visitation order.
Tennessee law also permits the use of license revocation, denial, or suspension as a way to enforce visitation orders. Any other sanctions can be imposed if the court determines they are appropriate.
The most common repercussions for noncompliance with the visitation rules are modifications and counseling. The court could award payback time with the child for time missed, temporarily or permanently modify the visitation schedule, require supervision during meetings, order counseling for the child and parents, etc.
If your child’s other parent has violated your visitation order, it is important that you gather evidence and work with a skilled attorney to petition the court for enforcement. Reach out to an experienced family lawyer today for more information.